Immigration

Srinivasa Reddy Kandi: Addressing H-1B RFEs Related to Fraud

February, 27, 2025-04:56

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Addressing H-1B RFEs Related to Fraud

In the current competitive employment landscape, obtaining an H-1B visa presents numerous complexities and challenges. Recently, we navigated a significant hurdle for a client who received a Request for Evidence (RFE) citing allegations of fraud or intentional misrepresentation of a material fact, potentially linked to multiple H-1B registrations. This article details our strategic methodology and the essential legal arguments that facilitated the successful resolution of the RFE.

Context
Our client had previously been counted against the H-1B cap for the fiscal year 2020. However, a Notice of Intent to Deny (NOID) issued by USCIS claimed that his H-1B petition was revoked due to allegations of fraud or willful misrepresentation. Consequently, his visa number was reinstated to the fiscal year in which the petition was annulled, effectively removing him from the H-1B cap count. We strongly contended that this determination was unwarranted and took decisive steps to amend the situation.
Our Arguments

The initial argument centered on the absence of evidence from USCIS to substantiate their claims of fraud or intentional misrepresentation. USCIS failed to present any definitive proof indicating that our client engaged in fraudulent activities or misrepresented any significant facts. Moreover, our client was not afforded the opportunity to address these allegations. We further asserted that our client did not make any fraudulent or misleading statements, as he was not a direct participant in the H-1B petition process. Given that USCIS did not assert that he personally engaged in any fraudulent conduct, it is unjust to impose penalties on our client.

The concluding argument underscored the procedural shortcomings of USCIS in failing to permit our client to review and respond to the allegations made against him. As stipulated in regulation 8 C.F.R. 103.2(b)(16), USCIS is obligated to provide the beneficiary with the opportunity to examine the record and respond to any negative information. In this instance, USCIS did not furnish any specifics or evidence regarding the allegations against our client, thereby denying him the opportunity to mount a defense. Consequently, our client should retain his visa number and be included in the H-1B cap count.

Conclusion:
The legal arguments presented in our response collectively established that USCIS lacked sufficient evidence to substantiate their allegations of fraud or willful misrepresentation. We effectively addressed this challenge, resulting in USCIS approving the H-1B petition.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.