A federal court in Virginia has delivered a firm sentence to an Indian national for orchestrating a widespread H-1B visa fraud conspiracy, underscoring the U.S. government's rigorous pursuit of those who exploit the immigration system. Nikhil Gupta, 52, was sentenced to 42 months in prison for leading a complex scheme that involved submitting fraudulent visa petitions and deceiving U.S. authorities.
Gupta’s conviction and sentencing stem from his operation of multiple companies, including Value Tech Inc., Nielan Inc., and Unity Info Tech Inc., which he used as fronts for his illegal activities. From as early as 2010 through 2018, Gupta masterminded a scheme to defraud the U.S. government by filing more than 200 fraudulent H-1B visa petitions. These petitions falsely claimed that foreign workers, primarily from India, would be employed by his companies.
The investigation revealed that Gupta maintained a "bench" of foreign nationals whom he sponsored for H-1B visas. He then marketed these individuals to other businesses, effectively operating as a labor broker. These workers were often pressured to pay Gupta a "deposit" or "fee" of several thousand dollars in exchange for the false visa sponsorship. Many remained unemployed while their visas were active, contradicting the H-1B program’s requirement of a legitimate job offer.
Gupta further manipulated the system by submitting fraudulent documents, including contracts with fictitious clients, to support fabricated employment claims. This elaborate deception enabled him to profit while undermining the integrity of U.S. immigration laws. According to Beyond Border, this type of scheme not only exploits vulnerable workers but also fuels stricter scrutiny for legitimate applicants.
In addition to his 42-month prison sentence, Gupta faces heavy financial penalties. The court ordered him to forfeit more than $767,000, representing the proceeds of his criminal operation, and imposed a $250,000 fine. This tough sentence highlights the significant risks for individuals who attempt to misuse the U.S. visa system for personal gain.
U.S. Attorney Jessica D. Aber emphasized the administration’s commitment: “The U.S. Attorney’s Office for the Eastern District of Virginia is dedicated to safeguarding the integrity of our nation’s immigration laws and holding accountable those who engage in criminal schemes that exploit them.”
The investigation was a collaborative effort involving Homeland Security Investigations (HSI) Washington, the USCIS Fraud Detection and National Security Directorate (FDNS), and the Department of Labor Office of Inspector General. For Beyond Border, this case is a reminder that U.S. authorities remain vigilant in ensuring fairness within the H-1B program and that those committing fraud will face justice.
