Case Results

Silicon Valley Hiring Executive Had H-1B Problems

The kind of client who comes to me; the type of client I help

Recently an experienced business man, who had emigrated to the United States and is now a naturalized citizen approached me about a problem he had.  This executive Human Resources Director is an industry leader in locating other professionals who had certain computer skills the company he worked for, a multinational concern, needed to produce their products and services in the United States.  The large company he worked for may or may not have been aware of my client's efforts to provide an effective workforce for them at a competitive cost.  My client is part of a consortium of professionals who provide this kind of service to the high tech industry.  Part of my job was to help not only my client and his case, but the industry personnel he associated with.

The case was very serious because the United States Government believed the client had fraudulently advertised non existent job positions to phantom employees, who then obtained H1-B Visas fraudulently  through my client in order to work here. Also, the jobs never materialized until after the new employees had arrived in this country. The U.S. Government believed that the spirit, intent and actual use of the H1B program was violated by this practice because there never was an actual job the prospective employee had applied for and was accepted to do.

The criminal penalties were extremely severe and represented possible lengthly prison time and deportation.  The political nature of these hiring incidents were impactful as jobs in America are popularly viewed as jobs for American citizens.  Additionally, the jobs were probably undervalued because they were performed by immigrants.  Unfortunately, the client had approached me only when the criminal charges had issued against him for some time while he worried about what his next steps might be.  While he waited, the Government strengthen their case and solidly targeted my client as one of their worst offenders.

During the evolution of this case I was able to break down the hiring process for the government to make them aware of the difficulties in making these jobs available in the first place.  The large firm where my client worked was also depending on my client's efforts to maintain a stable workforce.

More than a year passed while I made headway in my client's favor.  I communicated all of my client's best intentions to his accusers even though his results may not have met the standard of the law.   I found myself educating the Government about the actual nature of H1B employment and the implementation of a very complex law.   After I conducted extreme negotiations for a significant period, my client was never going to face prison and he was able to avoid a conviction and to resolve his mis steps through paying a fine.  He is not worried about being deported nor being criminally accused and he is still a key player in the business of hiring tech employees.

Harris Taback

Harris Taback is a criminal defense attorney with over three decades of experience in the courtroom. When he takes on a case, he brings with him a strong sense of passion and diligence to obtain the best outcomes for his clients. Harris operates on the principles of empathy and reason when negoti...

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