According to U.S. media reports, Francisco, a lawyer from Southern California, deceived Chinese investors into joining the EB-5 investment immigration program through his private fundraising company PDC Capital. Immigration lawyers have indicated that many Chinese investors are now more cautious about EB-5 investment immigration, and new forms of immigration fraud also include L1 and H-1B visas, with immigration fraud by educational consulting companies being particularly severe.
A senior lawyer stated that many Chinese investors are already aware of the numerous scams related to EB-5 investment immigration and are more careful and cautious when selecting investment immigration projects. Fraudsters have also adopted new methods to defraud money. He mentioned that since many cases are currently in litigation, he cannot disclose too many details but can only introduce some methods.
L1 Visa Fraud
The L1 visa allows high-level executives or key technical personnel to be transferred from a company outside the United States to a company within the United States. The most important factor is work experience. The new method involves fraudsters first establishing a company and then requiring investors to purchase shares through operations such as running a restaurant. In their marketing, fraudsters claim to be a restaurant group with multiple branches in Los Angeles, stating that by joining as shareholders, they can assist in processing L1 executive visas.
The lawyer stated that a client told him that after spending $300,000 to purchase shares in a so-called restaurant group, all he received was a so-called group share. Since the restaurant group is not a publicly listed company, the so-called shares are merely worthless paper. Additionally, since the client had no work experience in the restaurant industry, the L1 visa would naturally not be approved. At this point, the fraudster has already "made money," and their explanation is simple: "The immigration office did not approve it." The lawyer said that if the applicant does not meet the qualifications, it will certainly not be approved.
H1B Visa Fraud
The lawyer mentioned that as an employer, he has encountered many job seekers who immediately ask if they can assist in processing H-1B visas. For students in urgent need of H-1B visas, H-1B visa fraud has emerged.
This type of visa fraud is quite unique. A student holding an F1 visa, referred to as Student A, establishes a company and then hires other students holding F1 visas, claiming they will help process H-1B visas. The job titles of these other students are generally in sales or market development, and they work almost without pay. Since the company established by Student A is not qualified to process H-1B visas, once these students pay $5,000 or more for the change of status fee, they are unlikely to see that money again.
Such companies can only defraud for a year, but for Student A, it has already been a significant profit. Even if the students applying for H-1B status file complaints, Student A only needs to leave the United States, and nothing will happen to them.
Educational Consultants
Educational consultants operated by fraud groups set up offices in China, telling young people that they provide "all-inclusive services" from education placement to processing H-1B visas and guaranteeing green cards, offering a one-stop service. These educational consultants even seek out U.S. lawyers as legal advisors, making these consulting centers appear to have a certain scale.
With only 85,000 H-1B slots available, how can they guarantee obtaining an H-1B? The lawyer stated that this is impossible. The 85,000 slots are not for 85,000 applicants; some applicants exploit this loophole by paying to have other companies assist in applying, submitting 4 to 5 applications to increase their chances of being selected. There are significant doubts about how these educational consulting centers can guarantee obtaining H-1B visas.
Worldway Immigration experts state that the best way to avoid falling victim to immigration application scams is to choose a reliable immigration agency.
