INA 212(a)(6)(C)(i) fraud related to AZTech, Wireclass, Global IT Experts, and Findream
F-1 students linked to questionable OPT employment arrangements have faced serious allegations of willful, material misrepresentation under INA §212(a)(6)(C)(i). Whether a particular student is inadmissible depends on the individual evidence and circumstances. Some students were refused visas at the Embassy abroad and others have been removed from the country from US immigration. The reason? Their connection to companies like AZTech, Wireclass, Global IT Experts, and Findream while in OPT status.
OPT is a 12-month work authorization available to F1 visa holders who have been full-time students for at least two consecutive semesters and plan to seek employment in the United States in their fields of study. Certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may apply for a 24-month extension of their post-completion OPT. A job offer is not required to apply for initial postcompletion OPT. The initial period generally permits no more than 90 aggregate days of unemployment. An eligible student approved for a 24-month STEM OPT extension generally has a combined limit of 150 days of unemployment across both periods, with separate STEM employer and training requirements. Many students who had trouble fining employment within 90 days of obtaining their OPT turned to companies such as AZTech, Wireclass, Global IT Experts, and Findream who offered to train and place them in positions within their field. For many of these students who accepted these offers were asked to pay for training that was never provided and the promised job placement never occurred. If a student reported employment that never actually occurred, immigration authorities may investigate the SEVIS record, maintenance of status, and any representations made to obtain an immigration benefit. A failed placement or an inaccurate SEVIS entry alone does not automatically establish every element of willful, material misrepresentation under INA §212(a)(6)(C)(i); what the student knew and represented matters.
A sustained INA §212(a)(6)(C)(i) finding ordinarily creates a permanent ground of inadmissibility unless the finding is withdrawn or an available waiver applies. A separate removal order may create an additional reentry bar under INA §212(a)(9)(A), with the length depending on the order and immigration history. Fortunately for these students, there are several ways to overcome this ground of inadmissibility. The first being a nonimmigrant visa waiver. An approved INA §212(d)(3) waiver can permit an otherwise eligible nonimmigrant applicant to seek temporary admission despite this inadmissibility ground, subject to the waiver terms; it does not erase the underlying finding. Another option is to dispute the fraud accusation with the relevant government agency that levied the fraud accusation. We have successfully helped many clients connected with alleged OPT fraud obtain waivers or getting the fraud charges removed from their records. This is not an easy or simple process but it is very rewarding to clear an innocent person’s name. Victims of fraud should not be banned from the US. If you have a similar case or would like to avoid this potential problem, contact our office through our website or give us a call at 305 515 0613. We look forward to helping you win your case like we have for thousands of other clients.