By: Bruce Buchanan, Sebelist Buchanan Law



The crackdown on H-1B visa fraud continues with the indictment of Kishore Kumar Kavuru for an alleged scheme to illegally bring in 600 foreign workers to Silicon Valley over the past 10 years. Kavuru referred to himself as a “staffing specialist” for technology firms looking for skilled foreign workers to fill temporary positions.

Instead of employers properly filing applications for workers to fill real jobs, however, Kavuru is accused of using his four consulting companies to file fraudulent applications for non-existent jobs. “Because many of the applications were ultimately approved, Kavuru had a pool of unemployed H-1B beneficiaries that were immediately available for legitimate work projects,” according to the U.S. Department of Justice, “giving him a competitive advantage over other law-abiding staffing companies that followed the sometimes-lengthy visa application process for petitioning foreign workers.”

As part of the scheme, Kavuru required some of the foreign nationals to pay thousands of dollars to submit the visa applications — a violation of Department of Labor rules and he “benched” those workers without pay as they waited for real jobs with tech firms to materialize, the DOJ said.

The indictment charges Kavuru with 10 counts of visa fraud and 10 counts of mail fraud. His consulting companies are Scopus Consulting Group, ITECH Analyst Corp., Infinity Methods Corp., and Orian Engineering Inc. If convicted, Kavuru faces up to 10 years in prison and a $250,000 fine.

If you want to know more information on issues related to employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.