Visa fraud Results in 7-year Prison Sentence

Two Indian-American brothers, Atul and Jiten “Jay” Nanda, owners of Dibon Solutions, Inc. were sentenced to more that 7-years in prison for H-1B visa fraud scheme. The Dibon Solutions Inc. was indicted in sponsoring H-1B workers for non-existing positions, and only paying them when there were positions to place them in.

This fraud scheme was planned to create a low-cost workforce for their business. The brothers hired H-1B candidates for positions at false third-party companies and had them paid only for the time that they spent working, rather than hiring them for full-time positions. To hide the truth, the brothers had paperwork with false statements on how the workers were full-time employees receiving annual salaries at Dibon Solutions Inc.

In addition to benching workers, the Nanda brothers had the candidates pay for their own visa application fees when the government actually requires the sponsoring company pay for the candidates’ fees. In order for them to not get caught, they had the candidates pay the fees to the company in cash or checks written to “Dibon Training Center”.

Three other employees of Dibon Solutions, Inc. were caught and after pleading guilty, they were sentenced to two years probation. As for the Nanda brothers, they received 87 months in prison, plus, the government demands that they relinquish “any vessel, vehicle or aircraft” and other property, which includes the $2 million Frisco mansion that the brothers owned, that they purchased with the profit they gained from this fraud scheme.

It is important for one to vet the petitioning company prior to accepting an offer. H-1B employees could jeopardize status otherwise.

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