Indian Business Owner Jailed for H-1B Visa Fraud in US
Businessman Sentenced for H-1B Visa Fraud: A Major Immigration Crime in California
In a significant ruling, Kishore Dattapuram, a 55-year-old businessman of Indian descent, has been sentenced to 14 months in prison for orchestrating a large-scale H-1B visa fraud scheme in the United States. This case underscores the ongoing battle against visa fraud and its implications for the integrity of the immigration system.
Dattapuram’s sentencing follows a guilty plea entered in November of the previous year, alongside two co-defendants, highlighting the serious nature of visa application fraud that affects many in the tech industry.
Understanding H-1B Visa Application Fraud
Dattapuram co-founded Nanosemantics, Inc., a staffing company located in San Jose, California. The firm specialized in supplying skilled workers to technology companies across the Bay Area. Revenue was generated through commission fees for each worker successfully placed with client companies.
Court documents revealed that Dattapuram and his co-defendants systematically submitted fraudulent H-1B visa applications, falsely claiming that foreign workers had secured specific jobs at designated end-client companies. However, these positions were nonexistent at the time of application.
Legal Proceedings and Consequences
Dattapuram, along with co-defendants Kumar Aswapathi (55) and Santosh Giri (48), faced severe legal repercussions for their actions. The trio was indicted on February 28, 2019, on charges of conspiracy to commit visa fraud and multiple counts of substantive visa fraud.
All three men entered guilty pleas in November, acknowledging their participation in the fraudulent scheme. Judge Davila presided over the case and delivered Dattapuram’s sentence on April 21, 2025.
Penalties Imposed
In addition to a 14-month prison term, Judge Davila mandated that Dattapuram serve three years of supervised release following his incarceration. The court also imposed substantial financial penalties, which include:
- Forfeiture of $125,456.48
- A fine of $7,500
- A special assessment fee of $1,100
These penalties reflect the seriousness of the H-1B visa fraud and its detrimental impact on the immigration system.
Mechanics of the Visa Fraud Scheme
The investigation uncovered that Dattapuram manipulated the H-1B visa application process. Employers are required to submit a Form I-129 petition to the U.S. Citizenship and Immigration Services (USCIS), confirming job availability and specifying employment duration, along with essential compensation details.
Dattapuram paid companies to be falsely listed as end-clients for foreign workers, fully aware that these individuals would never find employment with these businesses. This fraudulent practice violated fundamental requirements of the H-1B program.
Unfair Competitive Advantage
The defendants admitted that their scheme aimed to secure visas for job candidates before actually finding them employment positions. This illegitimate approach provided Nanosemantics with an unfair competitive advantage, allowing the company to place workers with employers immediately when positions became available, rather than waiting for the visa application process to conclude.
By circumventing legal channels, Dattapuram’s operation undermined the integrity of the H-1B visa program, which is designed to allow U.S. employers to temporarily hire foreign workers in specialty occupations requiring theoretical or technical expertise.
This case illustrates the ongoing efforts by U.S. authorities to combat visa fraud and maintain the integrity of legitimate immigration pathways for skilled workers entering the American workforce.
If you have thoughts on this case or want to learn more about immigration fraud, feel free to share your views in the comments below. For more related articles, explore our coverage on immigration policies and labor regulations.
