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Two detained in fraud plot that affected H-1B workers

On May 13, 2015, two people were arrested in New Jersey for their alleged involvement in a fraud plot affecting H-1B workers. Hiral Patel and Shikha Mohta were arrested as a result of investigations carried out by authorities from Immigration and Customs Enforcement (ICE) and the Department of Labor.

Through their technology companies, SCM Data and MMC Systems, the accused used the H-1B program to obtain foreign workers and essentially “rent” them to other companies. To make it appear as though the workers were employed by SCM Data and MMC Systems, the accused forced workers to turn over their salaries and then emitted checks by SCM Data and MMC Systems. Workers were docked fees from their pay during this process. Many of the workers did not have full time employment, as the H-1B program requires.

The accused face charges of conspiracy, which have a maximum potential sentence of 5 years in prison and a fine of up to $250,000 dollars.

H-1B visas are used to bring foreign workers for high-skilled jobs in the U.S., such as education, nursing, science, and engineering, and generally require at least a Bachelor’s Degree. The U.S. government issues up to 65,000 H-1B visas annually.

Just like the H-2A and H-2B programs, reports of fraud and abuse in the H-1B program are frequent. Many H-1B workers suffer abuses such as fraud, placement fees, insufficient work hours, wage theft, and low pay.

Did something similar happen to you? If you suffered abuses during your hiring or employment with an H-2A, H-2B, H-1B, or J-1 visa, share your story and help others protect themselves from dishonest recruiters and abusive recruiters.

Photo: Thomas Jodlowski / Flickr