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buddhu

Is there a statute of limitations in H1-B visa fraud ?

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X was indicted of 20 counts of alleged H1-B visa fraud under 18 USC 1546(a) in 2016 by federal government for offenses committed in 2011, when the government claimed that "X misrepresented that jobs existed" for X's employees in US companies, when he petitioned for those jobs with USCIS. However in 2018, before the trial, government found out that all 20 employees had jobs in US companies and worked in US companies. Now the government wants to try the same 20 counts for "bench and switch" scheme, which they consider fraud too, and it may have a legal basis.

My Question: Can the government try the same 20 counts for "bench and switch" fraud under "X misrepresented that jobs existed" ( i.e. the original charge) ? Or does the government has to file new charges for "bench and switch" . In other words "X misrepresented that jobs existed" and "bench and switch" treated as two different crimes or are they part of original crime, as per original indictment. If they are separate crimes, X will benefit since the government will not be able to charge X for "bench and switch" in 2018, as the statute of limitations would have expired. Pls advise.

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AFAIK there is no statute of limitations on immigration fraud. People got deported decades after lying on immigration applications.

 

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