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Visa Fraud Sparks Arrests Nationwide
An ongoing federal probe into H-1B visa fraud leads to 11 arrests and the indictment of IT services firm Vision Systems Group
February 13, 2009, 12:01AM EST
By Moira Herbst

The controversy over the H-1B visa program for highly skilled workers is heating up once again. Federal agents detained 11 people in six states as part of a wide investigation into suspected visa fraud, the U.S. Attorney's office in Iowa announced on Feb. 12, a day after the arrests. Those arrested are accused of fraudulently representing themselves or other workers in immigration documents.

Besides the arrests, Vision Systems Group, an IT services firm based in South Plainfield, N.J., with a branch office in Coon Rapids, Iowa, was indicted on 10 federal counts, including conspiracy and mail fraud charges. The firm allegedly used fraudulent documents to bring H-1B visa workers into the U.S. The government is seeking the forfeiture of $7.4 million from Vision Systems that was gained through the alleged offenses. Five other technology companies, including Worldwide Software Services and Sana Systems in Clinton, Iowa, remain under investigation for document fraud, prosecutors said. "We are only at the tip of iceberg as to where this [investigation] leads," said Matthew G. Whitaker, U.S. Attorney for the Southern District of Iowa. "We have a ways to go and more [fraud] to uncover."

Representatives of Vision Systems, Worldwide Software, and Sana Systems could not be reached for comment after business hours on Feb. 12. Whitaker declined to identify the other three companies being investigated.
H-1B Program Under Scrutiny

The coordinated, nationwide enforcement effort began 18 months ago and continues, officials said. It is the first to specifically address fraud in the H-1B visa system, which critics say brings lower-cost tech workers into the U.S., displacing American workers.

As unemployment rises in the U.S., the H-1B program is drawing scrutiny for its potential effects on U.S. jobs. In October the U.S. Citizenship & Immigration Service (USCIS) released a report showing rampant fraud in the H-1B visa program. At the same time, critics say that outsourcing firms, including Infosys Technologies (INFY) and Wipro (WIT), use H-1B visas to replace U.S. employees with cheaper workers from abroad, often cycling overseas staff through U.S. training programs before sending them back home to perform such jobs.

Large U.S. tech companies such as Oracle (ORCL) and Microsoft (MSFT), which want to raise the annual limits on H-1B visas, are seeking to differentiate themselves from firms that commit fraud. Bill Kamela, director of policy counsel for Microsoft, told BusinessWeek in January that the company has been working with USCIS to ensure the program is free of fraud and abuse.
Allegations of Displacing U.S. Workers

The fraud identified in the Feb. 12 announcement echoes patterns outlined in the October USCIS report. Specifically, Vision Systems Group is accused of filing petition requests with the government showing the H-1B visa workers would be employed in Iowa to take advantage of lower requirements for wage rates. But the workers were allegedly placed in locations on the East and West coasts. Whitaker says that by doing so, the company "dislocated and displaced United States workers that could have done those jobs."

In other cases uncovered in the investigation, foreign workers have allegedly been placed in jobs and locations not previously certified by the Labor Dept., displacing qualified American workers and violating prevailing wage laws. The companies and foreign workers allegedly submitted false statements and documents to state and federal agencies supporting their visa petitions.

The operation was conducted by federal, state, and local law enforcement agencies in Iowa, California, Massachusetts, Texas, Pennsylvania, Kentucky, and New Jersey.

Herbst is a reporter for BusinessWeek in New York.

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Another Response
Feb 20, 2009 12:14 AM GMT
Some of us are trying to belittle the effects of H1/L1 saying that, it has negligible impact on the present economy. It is not entirely true. Look at a larger picture. Because H1/L1 are easy to get through staffing firms, most US companies have stopped providing any career advancement trainings to their employees (most likely US workers), fueling the same argument that we lack skilled workers!! For the employers, it is easier to get a H1/L1 candidates instead of training you, for cost purposes. What will happen when an US employee loses a job? He is back home claiming unemployment for a while, fails to provide proper education to kids, and possibly files bankcruptcy, if he(she)/family falls sick. Now, as a a result the government gets taxed as another US worker is no longer productive (possibly under bankcruptcy), while the employer who replaced the US citizen profits (in various ways, and ofcourse the company stock price goes up), they get a young workforce, there by reducing group medical insurance costs and other liability costs. Now, multiply this by 65,000/year for 10 years (some times 115,000/year), or for L1 visa- no limit. The effect is not miniscule.
USINd
Feb 20, 2009 12:02 AM GMT
That�??s the problem S. Crewed- you don�??t do the math right- even if we stick to your numbers of 1 Million H1B guys on US soil and add up their 110K/Year, it still amounts to just $110 Billion which is 0.785% of the $14 Trillion GDP. They pay 30% tax, so subtract $33 Billion, you are left with $77 Billion, which brings it to 0.55% of GDP. Now, subtract $66 Billion they spend in living expenses on US soil, you are left with $11 Billion. Compare that to $750 Billion that they gave out as TARP from your and my pocket and are not telling us what they are doing with it�?��?�.I am more interested in finding out and stopping the burglary of $750 Billion in broad daylight over the $11 Billion�?�.so dude don�??t be stuck in the smoke screen they are creating for us, lets challenge our politicians and make them answerable to us, it�??s our money they are doling out to the finance executives!!! Now the choice is yours, do you want to get side tracked by the smoke or take a hose and extinguish the fire!!!
S. Crewed
Feb 19, 2009 11:14 PM GMT
The U.S. has about 1,000,000 H-1Bs in this country RIGHT NOW because the visa lasts for 6 years (and now 7+ because of a recent extension). The 85,000/year number is a fictitious "limit" that has never, ever been adhered to owing to annual exemptions and oversubscription. The average is around 110,000/year for 2003-2006. Furthermore, H-1B is joined by the L-1, the F-1 and other visas currently being abused. A list of L-1 employers compiled by Sen. Grassley (IA) in 2007 runs over 300 pages, with some employers bringing in thousands of L-1s. Employers' abuse of the L-1 program correlates with employer abuse of the H-1B program. There are no limits on either L-1 or F-1. The numbers are therefore EVEN HIGHER than the 1,000,000 H-1Bs. Finally, H-1Bs (and L-1s) fuel offshore outsourcing. Even India's finance minister admits this and calls the H-1B the "outsourcing visa." Many of the biggest H-1B employers are Indian offshore outsourcing companies (7 out of the top 10!) More offshore outsourcing to India in practice has meant jobs lost in the U.S. - not gained.