Employment-Based Immigration Fraud Cases
🔎 What Counts as Employment-Based Immigration Fraud?
Common violations include:
Filing false information in visa petitions (like H-1B or EB-3)
“Body shops” or fake job offers
Submitting fake credentials, job letters, or salaries
Creating shell companies for fraudulent sponsorship
Lying about employment terms to USCIS or DOL
✅ Key Prosecution Cases
1. United States v. Vision Systems Group, Inc. (2009)
Iowa
Background: Vision Systems, an IT consulting firm, was accused of filing false H-1B visa petitions claiming to employ foreign workers full-time when in reality, many had no actual work.
Charges:
Immigration fraud (under 18 U.S.C. § 1546)
False statements
Mail fraud
Legal Issue: Employers must pay H-1B workers even during "bench" time. Vision underpaid or failed to pay workers while falsely certifying compliance.
Outcome: Company paid over $236,000 in back wages; immigration fraud charges became a warning to other body shops.
2. United States v. Fragomen, Del Rey, Bernsen & Loewy LLP (2008)
New York
Background: This major immigration law firm was investigated for allegedly pre-filing labor condition applications (LCAs) without final employer details — a possible violation of PERM (employment green card) procedures.
Charges:
Investigation, but no final criminal charges
Legal Issue: Submitting partially completed LCAs violates labor certification rules, especially if it helps employers “pre-select” foreign workers.
Outcome: DOL found technical violations; firm changed procedures. This case shaped how immigration lawyers handle employment certifications.
3. United States v. Benedict P. Paddock (2013)
California
Background: Paddock, an immigration consultant, faked job offers for clients applying for work-based green cards.
Charges:
Conspiracy to commit immigration fraud
False statements
Identity fraud
Legal Issue: The government must prove the job offer never existed or the employer was a shell.
Outcome: Convicted and sentenced to federal prison; clients’ green cards were also revoked.
4. United States v. DynCorp International (2011)
Virginia
Background: Defense contractor DynCorp was accused of improperly bringing foreign workers into the U.S. on business visitor (B-1) visas rather than proper work visas (H-2B or H-1B).
Charges:
Immigration fraud
Visa misuse
Legal Issue: Using a B-1 visa to work in the U.S. violates federal immigration law, even if the person is paid overseas.
Outcome: Settled civilly for $7.7 million; raised red flags about B-1 visa abuse in corporate contracting.
5. United States v. Sushil Bansal / Dibon Solutions (2013)
Texas
Background: Bansal ran an IT company that submitted false H-1B petitions claiming workers had jobs and projects lined up — when they didn’t.
Charges:
Wire fraud
Visa fraud
Conspiracy
Legal Issue: Fake client letters and false work-site promises are common red flags in H-1B fraud cases.
Outcome: Bansal was sentenced to 30 months in prison; the case led to closer scrutiny of Indian IT companies.
6. United States v. Maria Mendoza and American Logistics, Inc. (2018)
Florida
Background: Mendoza submitted employment-based green card applications using fake employer sponsorships — the companies didn’t actually exist.
Charges:
Conspiracy to commit immigration fraud
False representation
Use of fake documents
Legal Issue: The USCIS requires evidence of real job offers and company operations for EB-2 and EB-3 visas.
Outcome: Sentenced to federal prison; over 100 green cards issued through her scheme were revoked.
🔍 Legal Elements in Employment-Based Immigration Fraud Cases
| Element | What It Means |
|---|---|
| False Statements (18 U.S.C. § 1001) | Lying to federal agencies like USCIS or DOL |
| Visa Fraud (18 U.S.C. § 1546) | Submitting fake documents or misusing visa categories |
| Conspiracy (18 U.S.C. § 371) | Two or more people working together to commit fraud |
| Wire/Mail Fraud (18 U.S.C. § 1343 / § 1341) | Using email or mail to submit false visa info |
🎯 Summary
Employment-based immigration fraud prosecutions focus on whether employers or applicants willfully lied to exploit the visa system. These cases often involve fake job offers, underpayment of H-1B workers, or shell companies, and they can lead to criminal charges, deportations, and permanent immigration bans.
RELATED Blog
0 comments