Eagle Forum Legislative Alerts

Friday, July 19, 2013

Example of H-1B visa fraud

Robert X. Cringely reports on how H-1B visa fraud is done:

The gist of the crime has two parts. First Mr. Cvjeticanin’s law firm reportedly represented technology companies seeking IT job candidates and he is accused of having run on the side an advertising agency that placed employment ads for those companies. That could appear to be a conflict of interest, or at least did to the DoJ.

But then there’s the other part, in which most of the ads -- mainly in Computerworld -- seem never to have been placed at all!

Client companies paid hundreds of thousands of dollars for employment ads in Computerworld that never even ran!

The contention of the DoJ in this indictment appears to be that Mr. Cvjeticanin was defrauding companies seeking to hire IT personnel, yet for all those hundreds of ads -- ads that for the most part never ran and therefore could never yield job applications -- nobody complained!

The deeper question here is whether they paid for the ads or just for documentation that they had paid for the ads?

This is alleged H-1B visa fraud, remember. In order to hire an H-1B worker in place of a U.S. citizen or green card holder, the hiring company must show that there is no "minimally qualified" citizen or green card holder to take the job. Recruiting such minimally qualified candidates is generally done through advertising: if nobody responds to the ad then there must not be any minimally qualified candidates.

It helps, of course, if nobody actually sees the ads -- in this case reportedly hundreds of them.

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