By: Bruce Buchanan, Sebelist Buchanan Law

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The owner of two employment staffing companies was sentenced in federal court to 52 months in prison and a $50,000 fine for engaging in a scheme to submit fraudulent H-1B petitions for foreign workers. Previously, Sunitha Guntipally had pled guilty to one count of conspiracy to commit visa fraud, obstruction of justice, use of false documents, mail fraud and witness tampering.

Judge Lucy Koh stated the defendant’s conduct undermines respect for our legal immigration system and does tremendous damage to our institutions and affects the rights of others to immigrate to the United States.

Guntipally and her husband, who own employment staffing companies DS Soft Tech and Equinett, and two co-conspirators submitted more than 100 fraudulent H-1B petitions to foreign workers to be placed at companies that either did not exist or never received the workers, according to federal prosecutors. The U.S. attorney’s office said the applications were intended to create a pool of H-1B beneficiaries who could then get hired by other companies, thereby unfairly giving Guntipally and her co-conspirators an advantage over other competing employment staffing firms.

This case is another example of individuals being criminally liable for immigration law violations. For more information about immigration compliance issues, I invite you to read The I-9 and E-Verify Handbook, which I co-authored and is available at http://www.amazon.com/dp/0997083379.