Immigration News - H-1B visa, United States H1-B visa fraud case is compliance reminder Share this article LinkedIn Facebook X (Twitter) June 7, 2016 A federal judge has sentenced two owners of an IT consulting company to each serve more than seven years in prison for H-1B visa fraud. The case offers a reminder to employers about the serious consequences of noncompliance and misuse of the H-1B visa program. The company recruited and sponsored foreign workers for H-1B visas, but falsely represented in visa-related applications to the Labor Department and the Department of Homeland Security that the workers would be full-time, salaried employees of the company. Key points: Instead of hiring the workers as employees, the company rented them out to third-party companies needing computer consulting services at rates that were significantly above what the workers were paid. In conduct known as “benching,” the company paid the H-1B workers only for hourly work on an as-needed basis, and benched them without pay when demand for work was low. The company improperly charged the H-1B workers the government visa-processing fees that by law are required to be paid by the sponsoring employer. Background: The two owners were convicted in November after a jury found them guilty of conspiracy to commit visa fraud, conspiracy to harbor illegal aliens and four counts of wire fraud. Three others who worked at the company pleaded guilty to aiding and abetting visa fraud and were sentenced to two years of probation. BAL Analysis: Companies using the H-1B program should ensure that they are aware of the legal obligations associated with the program and the recent interest federal law enforcement authorities have taken in prosecuting visa fraud cases. This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com. Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Immigration News United States | USCIS posts July 24 update on Form I-9 guidance for Haiti TPS designation Today, U.S. Citizenship and Immigration Services published an update on the termination of Temporary Protected Status (TPS) designation for… July 24, 2026 Read More
Immigration News United States | Pilot program for paid expedited B visa interviews launched July 21 in Mexico The State Department has launched a pilot program allowing eligible B-1/B-2 visa applicants applying at the U.S. Embassy and Consulates… July 23, 2026 Read More
Immigration News United States | State Department provides payment instructions for visa bond program A prior May 13, 2026, State Department visa news alert was recently adjusted to clarify visa bond payment requirements. The… July 22, 2026 Read More
Immigration News United States | Federal court temporarily blocks USCIS from implementing certain TPS and asylum fee policies A federal district court order has temporarily blocked U.S. Citizenship and Immigration Services from implementing portions of USCIS… July 22, 2026 Read More