Dibon Solutions, a firm that hires skilled workers with computer expertise, an IT consulting company near Dallas, is headquartered in Carrollton, Texas. In a recent fraud in the H-1B visas, six members in the organization were arrested for intentionally breaking the laws of the constitution. The federal authorities in the USA have been determined to prosecute all the H-1B visa frauds indicated by the arrest of the top six officials in Dibon Solutions. They also have 10 wire fraud counts to their name.
According to the complaint, Dibon Solution has applied for permission to admit several aliens into USA without proper visa permits and falsified the facts to use the visa for personal financial gains. For a company to apply for a H-1B Visa it is essential that they initially approach the Department of Labor while filing a Labor Condition Application for each and every foreign individual they would like to hire while mentioning his or her details, payroll, annual salary, rate of pay, place of work and a full time position. It is mandatory that the employees are paid even for the non-productive time.
They should get the LCA approved and it would be passed on to the US Homeland Security department and CIS. Details of the person being hired as mentioned above should be furnished and after approval, the person can reach his embassy and apply for a visa. This visa would be a nonimmigrant visa, meaning that the person should leave USA after the expiry and cannot be used to immigrate into USA.
Dibon Solutions, however, had violated several parts of the rules. They mentioned that they were hiring for their own company and that they had required employees for their company. Without seeking permission from the Department of Labor, they have outsourced the employees to another company.
They also said they were hired for full time employment but in fact the employees were not paid for their non-productive work. They also forced several employees to sign blank forms, which were later used to show that the workers had been on unpaid leaves for their non-productive times. The “benching” of these foreign workers, for their benefits of money, was not legal for the visa status given.
Dibon solutions officials had paid their employees from foreign nations with money for the time they worked and no annual salary package. Thus the consulting company Dibon, had to pay little to the employees with no overhead fee resulting in large gains from the people who were hired for projects. There was no billable work at other times so they didn't pay the skilled workers who were inexpensive labor for them. Dibon solutions exploited the workers for their monetary gains.
Dibon also falsely told the Department that they had contracts with third party companies at the time of application for the Visas but in fact they had no contacts and were applying for positions that were not really vacant or even existing in reality.
http://allusavisas.files.wordpress.com/2013/03/dibon-2-20-13.pdf
Atul Nanda, Jay Nanda, the directors of Dibon, Siva Sugavanam, the chief recruiter of foreign workers, Vivek Sharma, the office manager, Rohit Mehra, recruiter, and Mohammad Khan, the bookkeeper who issued payroll checks were all declared guilty and arrested for their crimes committed starting at least around February 2008 to February 2011 for three years in Dallas, Texas.
They were all released on Feb 27th after they pleaded not guilty, but the defendants had to hand in their passports, and they refrain from contacting anyone at Dibon Solutions. US Attorney office can at anytime go through the official records at Dibon.
This incident will influence Infosys, which is now facing a hard time with its own processes of H-1B visa processing with the grand jury subpoena that was issued against Infosys in May of 2011.
(AW- Anil)
