Rohit Kumar, an Indian national, was indicted on six counts of submitting false and fraudulent immigration documents and six counts of committing aggravated identity theft in relation to submissions for H-1B visas for Indian national workers.

Kumar worked for several years in India for a large IT company, who contracted with an electric utility company that owned and operated nuclear power facilities at multiple locations, including in southern New Jersey. Kumar helped to arrange for Indian national workers to enter the United States under H-1B visas and work at the New Jersey company. On several occasions in 2017 and 2018, Kumar created and presented false and fraudulent documents to the USCIS in support of the H-1B visa applications of the Indian national workers. The documents purported to contain the authorized signature of a contracting manager at the New Jersey electric utility company, but the contracting manager never signed or authorized a signature on these documents.

Each count of immigration documents fraud is punishable by a sentence of up to 10 years in prison, as well as a maximum fine of $250,000. Each count of aggravated identity theft is punishable by sentence of two years in prison, which must be served consecutively to any other term imposed, as well as a maximum fine of $250,000.

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