Successfully Re-obtained H-1B Visa for Client That Was Previously Associated with DEALFAR ( Oct 2022)

June 11, 2023

In October 2022, our office successfully assisted a client in reobtaining their H-1B visa after it was revoked by U.S. Customs and Border Protection (CBP) due to their previous association with DEALFAR, LLC ("DEALFAR").


As an F1 visa international student, our client participated in the OPT program and was hired by DEALFAR as an intern. Our client was promised an exciting internship with an accommodating remote work arrangement.


Unbeknownst to the client, DEALFAR was flagged by NBC Bay Area's investigation, along with five other companies that hired employees through the OPT program, including Abroad Intellect Capital, Acuty, Findream, Smoothies Technology, and New Beast, for possible abuse of the OPT program.


After the convictions of Kelly Huang, the perpetrator of the FINDREAM fraudulent scheme, USCIS and the State Department relentlessly pursued the student victims of fraud as "knowing co-conspirators." USCIS issued Requests for Evidence, Notices of Intent to Deny, and interviews by USCIS Fraud Detection Officers, alleging misrepresentation and fraud if the student previously held work authorization through association with the above companies.


On our client's return trip to the U.S. from China, they sought to enter under their unexpired H-1B visa. Unfortunately, CBP placed our client on secondary inspection and extensively questioned them about their internship with DEALFAR. Our client was confused and distressed by this unexpected line of questioning regarding a company they had been briefly employed by many years prior. The following day, our client's H-1B visa was revoked. For several months, they were unable to come back to the U.S. until they contacted our office seeking assistance.


Attorney Nguyen D. Luu and our legal team took on the representation to assist our client in addressing potential allegations of misrepresentation and fraud stemming from their association with DEALFAR. 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 not willfully made, thereby overcoming all potential allegations. The firm is very pleased to learn that our client's H-1B visa was approved again.


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 manner or capacity, it is important to consult with an experienced attorney to immediately advise you and to identify potential problems early in your case and develop a strong case strategy before applying for any immigration benefits.


 

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