Successfully Overcame H-1B Extension NOID for Client That Was Previously Associated with Integra Technologies LLC (June 2023)
In June 2023, our office successfully overcame a Notice of Intent to Deny (NOID) for an H-1B extension of status for a client who had been previously associated with Integra Technologies LLC ("Integra") for almost 6 months.
As an F1 visa international student, our client participated in the OPT program and was hired by Integra. Unbeknownst to him, the Department of Homeland Security (DHS) was investigating companies in the State of Delaware that were facilitating Post-Completion OPT and STEM OPT fraud by providing false employment verifications to F-1 students in order to obtain immigration benefits, even though no actual work was performed for the companies. These false employment verifications were being sold to students for a fee. As part of this investigation, Integra Technologies was discovered to be providing false employment documentation.
Integra used elaborate means to entice mainly students from India to pay for trainings in exchange for temporary employment to fulfill the requirements of F-1 OPT. Integra falsely promised our client training services, networking opportunities, and internships that were perceived as legitimate employment opportunities. Many F-1 students relied on Integra's promises and received job offers from Integra.
Our client had no knowledge of Integra's true nature until he received a NOID from USCIS. When a NOID is issued, it means that USCIS is prepared to deny the immigration petition. However, USCIS allows the applicant an opportunity to present documents to overcome USCIS's allegations that the applicant is inadmissible for misrepresentation and fraud due to their past association with Integra during their F-1 OPT period. Furthermore, USCIS alleged that Integra Technologies did not offer legitimate employment and that our client violated the terms and conditions of their OPT and failed to maintain their F-1 nonimmigrant status.
Attorney Nguyen D. Luu and our legal team took on the representation to assist our client. The evidence presented sufficiently supported a finding that the client did not make false representations to obtain a benefit under U.S. immigration laws. In the event that a false statement was made, it was neither willfully made nor material, thus overcoming all potential allegations. The firm is pleased to announce that just under 2 months after submitting our NOID Response, USCIS approved our client's H-1B extension of status.
If you were previously associated with FINDREAM, SINOCONTECH, Integra Technologies, AZTech Technologies, Tellon Trading, Inc., Arecy, CG Max Design Corporation, or XCG Design Corp in any capacity, it is important to consult with an experienced attorney who can provide immediate advice and identify potential problems early in your case, as well as develop a strong case strategy before applying for any immigration benefits.
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