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Immigration,
Criminal,
9th U.S. Circuit Court of Appeals

Jan. 15, 2025

9th Circuit revives visa fraud case against San Jose company executives

An three-judge appellate panel reinstated visa fraud charges against executives of PerfectVIPs Inc., finding that false statements on H-1B applications can constitute fraud even if the government had no right to ask certain questions.

A 9th U.S. Circuit Court of Appeals panel on Tuesday revived criminal charges against the CEO and human resources manager of a San Jose company, accusing them of submitting fraudulent H-1B applications, even if the government had no right to ask where the immigrants would be working in the first place.

Prosecutors claimed the defendants, Namrata Patnaik and Kartiki Parekh, falsely stated that about 85 H-1B applicants would be working on internal projects on site at PerfectVIPs...

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