By: Bruce E Buchanan

Ashish Sawhney has been arrested and charged with conspiracy to commit visa fraud and for inducing aliens to come to the United States using fraudulently obtained H-1B visas.

According to court documents filed in federal court for the Eastern District of Virginia, he allegedly used four corporations to orchestrate the improper submission of fraudulent applications for H-1B work visas. The six-count indictment identifies Sawhney as the director or registered agent for Value Consulting, LLC, Value Software Products, Inc. (formerly known as Value Consulting, Inc.), Business Pointers, Inc., and E-Train ERP, Inc., each of which had offices located in Virginia and purported to provide information technology staffing and software development services for commercial clients in the United States.

Sawhney submitted or caused to be submitted H-1B visa application materials stating the foreign workers named in the applications would fulfill a specific job, where in fact, no such job existed at the time of filing. The indictment alleges that through Sawhney’s ownership and direction of the scheme, his companies generated gross profits from 2011 to 2016 of approximately $21 million. The indictment further alleges that Sawhney, who is an Indian national, attempted to naturalize as a United States citizen by submitting an application containing false statements. If convicted, Sawhney faces a maximum penalty of 10 years in prison.

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