Did you claim to work for a U.S. company of maintaining F-1 OPT student or H-1B worker status without actually having a job?

Did the company provide W2s or pay stubs indicating payment for work that you didn’t actually do?

If you attempt to maintain your F-1 OPT, F-1 STEM OPT, or H-1B status through employment when there’s no real job, you risk being deemed inadmissible under INA 212(a)(6)(C)(i). This provision stipulates a lifetime bar for individuals involved in fraudulent or willful misrepresentation to gain U.S. immigration benefits.

Inadmissibility renders you ineligible for status changes or extensions, new visas, or lawful entry into the United States. While a 212(d)(3) nonimmigrant waiver or I-601/INA 212(i) immigrant waiver might offer a solution, it’s not universally applicable. It’s advisable to steer clear of fraud or misrepresentation allegations altogether.

Related Post: OPT Fraud – AZTech, Integra Technologies, AndWill, and Wireclass

see detail description for 212(a)(6)(C)(i) below:

1) The different contexts in which U.S. Customs & Border Protection, USCIS and U.S. Embassies and Consulates can make the 212(a)(6)(C)(i) charge 

2) F-1 OPT and STEM OPT rules to follow

• Deadline for submitting Form I-765, which is the application for work authorization
• There’s a 90-day grace period for unemployment during F-1 OPT, with an additional 60 days for F-1 STEM OPT, totaling 150 days for the entire post-completion OPT period.
• Both F-1 OPT and F-1 STEM OPT require at least 20 hours of work related to the field of study.
• F-1 students can engage in various types of work such as paid employment, paid or unpaid internships, volunteer work, contract work, agency work, or self-employment.
• For F-1 STEM OPT, employment must be paid and with a company enrolled in the E-Verify program.

3) Investigating Immigration Fraud: Issues and Challenges：

• Many F-1 and H-1B visa holders, especially from China, have their visas cancelled, rejected, or are denied entry into the United States because they included Findream or Sinocontech on their work authorization applications.
• F-1 and H-1B visa holders, predominantly from India, encounter immigration and visa problems in the US if they listed companies like Integra Technologies LLC, AZTech Technologies, Andwill, Wireclass, or Tellon Trading for OPT, STEM OPT, or other work permits.
• Issues may include being denied entry to the US, visa denials, visa cancellations, and refusals for status change or extension requests. In certain cases, they may face charges under 212(a)(6)(C)(i).

4) Identifying Red Flags: 3 Key Indicators of Potential Issues with the Petitioner or Employer： 

• Is the company asking you to pay a training fee, even before issuing the job offer letter or Form I-983 training plan?
• Does the company neglect to assign roles and responsibilities as outlined in the job offer letter, Form I-983 for STEM OPT, or Form I-129 Petition for H-1B?
• Does the company provide employment verification, pay stubs, and W2s when there has been no actual work performed or payment received for an F-1 STEM OPT or H-1B position?

5) The longer you remain affiliated with a company under scrutiny, the greater your exposure to U.S. immigration risks and visa-related issues will become.

• Once you realize there’s no legitimate job, it’s crucial to swiftly move on.
• While you might be tempted to use fraudulent employment to maintain status or prevent unlawful presence accrual, doing so puts you at risk of not only falling out of status but also facing a lifetime inadmissibility bar under INA 212(a)(6)(C)(i).
• U.S. immigration agencies are less forgiving regarding fraud or misrepresentation charges, as it signifies lying to the U.S. government to obtain immigration benefits.

Related Post: Does Desi Indian Consultancy Fraud Pose a Threat to Your Visa Standing?