U.S. Immigration Risks in Claiming F-1 OPT or H-1B Status When There is No Real Job

The Legal Immigrant Podcast, Episode 11
If you seek to maintain F-1 OPT, F-1 STEM OPT or H-1B status through employment - when there is no real job - you run the risk of being found inadmissible under INA 212(a)(6)(C)(i). This law states that you have a lifetime bar if you engage in fraud or willful misrepresentation of a material fact to obtain a U.S. immigration benefit.
Being inadmissible disqualifies you from getting a change or extension of status, a new visa, or lawful entry to the United States. While a 212(d)(3) nonimmigrant waiver or I-601/INA 212(i) immigrant waiver might solve the issue, it doesn’t work in every case. It’s best to avoid a fraud/misrepresentation charge altogether.
Episode 11 of The Legal Immigrant podcast covers:
1) The different contexts in which U.S. Customs & Border Protection, USCIS and U.S. Embassies and Consulates can make the 212(a)(6)(C)(i) charge
2) F-1 OPT and STEM OPT rules to follow
3) Immigration fraud investigations and related problems
4) 3 key indicators that the petitioner or employer may be flagged
5) The longer you are associated with a flagged company, the more U.S. immigration risks and visa problems you will have
Dyan Williams, Esq.
Dyan Williams Law PLLC
Website: dyanwilliamsla...
Email: [e-mail]
Telephone: [phone]
For more information, see:
Work Permit Fraud May Lead to Visa Revocation, Visa Denial and INA 212(a)(6)(C)(i) Inadmissibility. bit.ly/34cSklD
212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? bit.ly/2SltMUU
212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages
When do you need an I-601 Waiver due to immigration fraud or misrepresentation (and how do you get it)? bit.ly/3yxrX7I
When do you need an I-601 Waiver due to immigration fraud or misrepresentation (and how do you get it)? bit.ly/3hMCF4l
The Legal Immigrant podcast and this article provide general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for your situation. The sharing or receipt of this information does not create an attorney-client relationship.
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The Legal Immigrant podcast provides general information only. It is not legal advice for your specific case or situation. Immigration laws, regulations, policies and rules are subject to change.