News & Analysis as of

Fraud Visas

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Guidepost Solutions LLC

Combating Immigration Visa Fraud with the False Claims Act

Recently, a Cincinnati-based healthcare staffing company agreed to pay $9.25 million (as well as pledging an additional $8 million for related healthcare projects) to resolve investigations into its visa sponsorship program....more

Guidepost Solutions LLC

H-2B Visa: 3 Must Knows for Employers

Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more

Husch Blackwell LLP

New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

Husch Blackwell LLP on

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B...more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Jackson Lewis P.C.

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

Jackson Lewis P.C. on

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

Jackson Lewis P.C.

FY 2024 H-1B Cap Update: Second Random Selection From Previously Submitted Registrations Completed

Jackson Lewis P.C. on

After conducting and completing a second round of selections to reach the FY 2024 H-1B cap, USCIS has notified all prospective petitioners of their selection. In the second round, USCIS selected an additional 77,600...more

Tarter Krinsky & Drogin LLP

H-1B Cap Registration Update: USCIS Announces a Second Round of Selections

U.S. Citizenship and Immigration Services (USCIS) announced on July 27 that it will conduct a second round of random selections from the previously submitted FY 2024 H-1B pre-registrations. These pre-registration requests...more

Husch Blackwell LLP

U.S. Government Investigates H-1B Visa Lottery Irregularities

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It was widely reported last month—including by the Wall Street Journal and Associated Press— that the U.S. government is investigating alleged collusion by some companies to “increase the chances that their prospective...more

Jackson Lewis P.C.

USCIS: Substantial Increase in H-1B Registrations for FY 2024 May Indicate Potential Fraud

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USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said...more

Constangy, Brooks, Smith & Prophete, LLP

USCIS investigating alarming level of potential H-1B fraud

On Friday, the U.S. Citizenship and Immigration Services announced that there was a dramatic increase in multiple H-1B registrations for single individuals for Fiscal Year 2024. The agency announced that it has...more

Tarter Krinsky & Drogin LLP

U.S. Department of State Conducts Fiscal Year 2023 Diversity Lottery Selection and Applicants Must Verify Selection

The U.S. Department of State (DOS) announced on May 7, 2022, that it had selected this year’s Diversity Lottery (DV 2023) applicants. Since the DOS does not notify winners, entrants who submitted within the mandatory time...more

ArentFox Schiff

Investigations Newsletter: Fraud Scheme Results in $56 Million Seized as Largest Recovery of Cryptocurrency by US

ArentFox Schiff on

Fraud Scheme Results in $56 Million Seized as Largest Recovery of Cryptocurrency by US - On November 12, 2021, the U.S. Department of Justice and U.S. Attorney’s Office for the Southern District of California’s request was...more

Bass, Berry & Sims PLC

New Presidential Proclamation Aimed at Combatting China's Theft of American Research

On May 29, President Trump issued a proclamation, effective on June 1, 2020, to suspend and limit certain nonimmigrant Chinese nationals who seek to enter the United States with an F or J visa. This latest action by the Trump...more

Jackson Lewis P.C.

Ex-CEO Of IT Staffing Companies Guilty Of H-1B Visa Fraud

Jackson Lewis P.C. on

A federal judge has sentenced Pradyumna Kumar Samal to more than seven years in prison, fined him $10,000, and ordered him to pay restitution for the taxes he stole. United States of America v. Samal, No. 2:18-cr-00214 (W.D....more

Seyfarth Shaw LLP

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

Seyfarth Shaw LLP on

Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

Akerman LLP

Slippery Slope Fraud Scheme Crumbles Under Mountain of Evidence

Akerman LLP on

U.S. immigration policy continues to be a subject of national debate, but almost everyone agrees that the EB-5 visa program has been a win-win for immigrants and the U.S. economy. Under the EB-5 program, foreign nationals can...more

Seyfarth Shaw LLP

Targeted ICE Investigations - in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

Seyfarth Shaw LLP on

Seyfarth Synopsis: With a record $95 million plea deal for I-9 immigration violations following a six year investigation, the outcome for a Pennsylvania company with operations nationwide serves as a reminder of the federal...more

Fox Rothschild LLP

Federal Crackdown On EB-5 Visa Fraud Continues With Filing Of Multiple Asset Forfeiture Lawsuits In California

Fox Rothschild LLP on

In its continuing effort to fight fraud in the controversial EB-5 immigrant visa program, the Justice Department announced last week that it had filed federal lawsuits seeking the forfeiture of nine real properties across...more

Faegre Drinker Biddle & Reath LLP

H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by...more

Baker Donelson

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

Baker Donelson on

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

Tonkon Torp LLP

New Executive Order Targets H-1B Visas

Tonkon Torp LLP on

On April 18, 2017, President Trump signed an Executive Order (EO) entitled "Buy American and Hire American," which addresses the H-1B visa program, among other topics. Increased Enforcement; New Regulations and Guidance...more

Amundsen Davis LLC

U.S. Citizenship and Immigration Services and Department of Labor Announce Further Measures to Detect H-1B Visa Fraud and Tighten...

Amundsen Davis LLC on

While the H-1B petitions submitted for the lottery this cap season were still in transit to the U.S. Citizenship and Immigration Services (USCIS), both the USCIS and the Department of Labor (DOL) announced several measures...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Rejects Collateral Promise Argument as a Basis for a Fraudulent Inducement Claim

In a recent decision, Justice Anil Singh of the Commercial Division dismissed a counterclaim asserted by Visa against Wal-Mart for fraudulent inducement. According to Justice Singh, Visa’s allegations failed to satisfy the...more

FordHarrison

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

FordHarrison on

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Dorsey & Whitney LLP

This Week In Securities Litigation

Dorsey & Whitney LLP on

The Commission prevailed on summary judgment in an action against a broker which alleged he misappropriated client funds. The agency also filed actions centered on: an audit failure; the EB-5 immigration program; undisclosed...more

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