US NRI brothers convicted of H-1B visa fraud

CRIvisfraudAtul Nanda, 46, and his brother Jiten ‘Jay’ Nanda, 44, have been convicted on charges of H-1B visa fraud.

Atul and Jay were each convicted of one count of conspiracy to commit visa fraud and one count of conspiracy to harbour illegal aliens and four counts of wire fraud.

The Nandas are owners of Dibon Solutions, an information technology consulting company located in Texas, who recruited foreign workers with expertise who wanted to work in the US. They sponsored the workers’ H-1B visas with the stated purpose of working at Dibon headquarters in Carrolton Texas, but in fact, did not have an actual position at the time they were recruited, and they knew the workers would ultimately provide consulting services to third-party companies in the US.

Contrary to representations made to the workers and the government, the Nanda brothers directed that the workers only be paid for time spent working at a third-party company and only if the third party company actually first paid Dibon for the workers services. Also, in the paperwork the Nandas falsely represented that the workers had full-time positions and were paid an annual salary as required by regulations to secure the visas.

Using these tactics the Nandas, as Dibon’s owners, made a fat profit margin when a consultant was assigned to a project, and incurred few costs when a worker was without billable work. The scheme is known as ‘benching’ and they actively recruited H-1B workers for the ‘bench’

The brothers face a maximum of 20 years in prison and a fine of $250,000 million. A sentencing date has not yet been set.