Hyderabad & B'glore: Hubs of H1B visa fraud

The elusive H1B visa, for which young software professionals yearn, has been severely compromised. Middlemen are exploiting the system by creating fake IT companies in the United States and obtaining these visas for a hefty sum without even a job. This leaves thousands of deserving candidates in the lurch since there are only 65,000 such visas issued every year.

For most people, a stamp on the passport is the last hurdle crossed to launch their careers in the US. But for many getting this H1B visa stamp is just the beginning of a painful journey of exploitation, underpayment, and unemployment. This is the world of H1B visa fraud, a well-oiled nexus of fake employers, job counselors and immigration experts. Newspapers and cyberspace are filled with luring advertisements that claim to get you an H1B for a price tag. So, can they?

Apparently they can. In a busy suburb of Mumbai, one such H1B consultant is busy carrying out business. We approached them as H1B aspirants eager to fly to the US. The range of services on offer was shocking. Here is the conversation we had with this agent:

Agent: We will get you a fake employer. He'll file for your H1B. He will have a proper company and will be a US citizen.

Us: So what happens once we get there?

Agent: Fake employers who files for your H1B will give you a work permit and will get away and once you get there, this fake employer will give you a no objection certificate, NOC, saying you will work with any employer.

Us: Will you find me a job there?

Agent: Once you are there, we have people who will help you with contacts. We can only assist you.

Us: How much will it cost?

Agent: USD 2,250 will be the immigration fee, USD 2,250 will be lawyers charges.

Us: Do many people go to the US using this route?

Agent: People who know and who have relatives ask for fake employers. They want to go there on real jobs. because here you won't get a real good job as good as when you are in the US.

Us: How long it'll take to find a real job?

Agent: Jobs in the US are tremendous. The problem is not getting a job but getting a visa. We will have all the interviews lined up for you and once you get there, you will attend those and find a job.

Using this route, these so called counselors send professionals to the US practically without a job. The search for jobs begins only after applicants land in the US. Individuals cannot apply for an H1B visa on their own. Their employer must petition for them. Petitions for this visa begin on  April 1 every year.

Once the petitions get approved, the employer sends the approved form to the employee who then appears for the visa interview in his home country. This visa is issued for a particular job but most of the times the so-called visa councelors help candidates bypass this requirement. They take them to the US on fake job letters.

But sometimes touts go wrong too and that leaves many holding on to their H1B visas endlessly waiting to get to the US. Ramesh was one such victim. This 27 year old engineer (whose real name has been withheld) narrated his plight from California. He told CNBC-TV18, "I was in India when I found a desi consultant. I got the reference from a friend. This company was basically into IT consulting, they took USD 3000 from me and told me they'll give me a good job opportunity because they had clients and stuff."

"Till the time I gave them money, they were very courteous and told me that they'll give me a lot of salary and lot of incentive and bonus. So, I was thinking it was a good company to start with. When my petition got approved and I told them I want to get to the US as soon as possible, their behaviour changed. They said we don't have any clients as of now and we don't have much knowledge about your field."

He finally succeeded in getting to the US but is still struggling to get his original documents from his counselor. Everyone doesn't get as lucky as Ramesh. Manoj, an H1B visa holder is still waiting for the past one year to fly to the US. This 28 year old was happy working in a leading multinational firm in Hyderabad, till he decided to head to the land of opportunities.