H-1B Visa Fraud Prosecutions
1. United States v. Vision Systems Group (2009)
π Facts:
Vision Systems, an IT staffing company, was found to have submitted false H-1B visa applications claiming full-time employment and specific work locations, while benching workers (not paying them unless they had a job assignment).
βοΈ Legal Issues:
Violated H-1B regulations under the Immigration and Nationality Act (INA).
Charged with visa fraud and mail fraud.
Failure to pay prevailing wages and misrepresenting employment terms.
β Outcome:
Company paid fines and back wages.
Government barred them from filing future H-1Bs for a period.
π Significance:
First large-scale prosecution targeting benching and ghost job offers.
2. United States v. Surapaneni (2010)
π Facts:
Surapaneni operated a consultancy that filed fraudulent H-1B petitions with fake client letters and job descriptions. Many workers were promised jobs that never existed.
βοΈ Legal Issues:
Charged with visa fraud (18 U.S.C. Β§ 1546), wire fraud, and conspiracy.
Prosecution proved intent to deceive both USCIS and foreign workers.
β Outcome:
Convicted and sentenced to prison.
Required to pay restitution to defrauded clients and workers.
π Significance:
Clarified that false client letters and non-existent job offers can lead to criminal prosecution, not just civil penalties.
3. United States v. Infosys Ltd. (2013)
π Facts:
Although not criminally charged, Infosys faced civil enforcement for using B-1 visas improperly in place of H-1B visas to bring in foreign workers, avoiding scrutiny and wage requirements.
βοΈ Legal Issues:
Accused of circumventing H-1B rules.
Violated immigration and employment documentation regulations.
β Outcome:
Paid $34 million in civil settlement (largest at the time).
Agreed to compliance oversight.
π Significance:
Signaled governmentβs intent to pursue civil enforcement against large tech companies.
4. United States v. Prasad (2019)
π Facts:
Prasad, an IT recruiter, submitted dozens of fraudulent H-1B petitions using shell companies and fake client letters to generate a pipeline of H-1B holders for future placement.
βοΈ Legal Issues:
Charged with conspiracy to commit visa fraud and mail fraud.
Used multiple false addresses, inflated job roles, and forged contracts.
β Outcome:
Convicted and sentenced to over 3 years in prison.
Visa petitions revoked.
π Significance:
Exposed the abuse of the H-1B lottery system using shell companies.
5. United States v. Jaffe (2016)
π Facts:
Jaffe used fake employment contracts and offered job offers that didn't exist, charging workers fees to apply for H-1B visas. Victims were left unemployed and out-of-status.
βοΈ Legal Issues:
Charged with immigration fraud, labor violations, and human trafficking-related charges.
Violated Department of Labor H-1B wage rules.
β Outcome:
Convicted; sentenced to prison and ordered to pay restitution.
Workers received T-visas (for trafficking victims) and compensation.
π Significance:
Demonstrated link between H-1B visa abuse and labor exploitation, including trafficking elements.
6. United States v. Mavani (2021)
π Facts:
Mavani ran a firm that filed over 100 false H-1B petitions using fictitious projects and client relationships. Some applicants were also charged fees, which is illegal under H-1B rules.
βοΈ Legal Issues:
Charged with visa fraud, document fraud, and conspiracy.
Used fake letters, fraudulent contracts, and fake wage documentation.
β Outcome:
Guilty plea and multi-year prison sentence.
Company barred from further immigration filings.
π Significance:
Targeted mass-filing abuse β companies flooding the system with fake petitions to boost odds in the H-1B lottery.
7. United States v. Dynatech Corporation (2015)
π Facts:
Dynatech systematically underpaid H-1B workers by submitting false wage data and placing them in unauthorized locations.
βοΈ Legal Issues:
Violated Labor Condition Application (LCA) requirements.
Charged with false statements, wire fraud, and labor law violations.
β Outcome:
Paid fines and back wages.
Disqualified from future H-1B filings for a probation period.
π Significance:
Reinforced the prevailing wage requirement as a critical enforcement point.
Common Legal Charges in H-1B Fraud Cases
| Law or Violation | Description |
|---|---|
| 18 U.S.C. Β§ 1546 (Visa Fraud) | Criminalizes making false statements or documents in visa applications. |
| Wire/Mail Fraud (18 U.S.C. §§ 1341β43) | Used when fraud involves communication or documents across states. |
| False Statements (18 U.S.C. Β§ 1001) | Applies to lies on forms submitted to USCIS or DOL. |
| Labor Violations | Includes underpayment, "benching," or charging illegal fees to workers. |
| Conspiracy (18 U.S.C. Β§ 371) | Covers coordinated fraud schemes involving multiple actors or shell firms. |
Conclusion
These cases demonstrate how H-1B visa fraud can range from misusing the visa system for profit to outright exploiting workers. Prosecutors are increasingly aggressive about targeting fraudulent employers β both big and small β especially when the fraud affects immigration systems or worker rights.
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