Kishore Dattapuram, the owner of San Jose-based staffing firm Nanosemantics, Inc., has been sentenced to 14 months in prison on counts of visa fraud, after pleading guilty last November to charges that indicate a scheme to falsify documents and gain an unfair business advantage. According to a statement from the Department of Justice, U.S. District Judge Edward J. Davila also imposed a three-year term of supervised release, ordered a forfeiture of $125,456.48, and imposed a fine and fees totaling $8,600 upon the 55-year-old Santa Clara resident.
Convicted alongside two co-defendants, Dattapuram was accused of submitting fraudulent H-1B visa applications, misrepresenting that foreign workers had firm job placements at certain technology companies the workers, it turns out had neither positions secured nor any legitimate offers; this strategy allowed Dattapuram's firm to stockpile a reserve of immigrant labor, ready to supply a demanding Bay Area tech industry as soon as actual employment opportunities emerged. As Acting United States Attorney Patrick D. Robbins and Homeland Security Investigations Special Agent in Charge Tatum King announced, these unlawful acts gave Nanosemantics a competitive edge by bypassing usual visa processing waiting periods.
The scam centered around misrepresenting I-129 petitions, essential forms for securing H-1B visas. Such petitions should accurately reflect a genuine job offer, the duration of the employment contract, salary details, and the actual need for the specialized skills of the visa applicant. Instead, Dattapuram admitted to participating in deceit that involved paying companies to pose as end-clients for visa candidates, an unfair and illegal shortcut to accumulating visa approvals. A detailed investigation by Homeland Security Investigations and assistance from USCIS formed the foundation for bringing charges against Dattapuram and his associates.
This conviction reminds us that visa fraud is not merely a paper crime; it undermines legal immigration channels and distorts the labor market, potentially costing legitimate job seekers their opportunities. Assistant U.S. Attorneys Sarah Griswold and Special Assistant U.S. Attorney Johnny James pursued justice with the assistance of Lynette Dixon and Nina Burney, setting a precedent that such exploitations of the immigration system will not go unchecked by authorities.
