H-1B Entry Ban: Firm’s Fraud Ends 10-Yr US Career?

An H-1B worker who spent 10 years in the US was suddenly banned from re-entering the country. After travelling back from India, they were issued a 6C(i) inadmissibility finding. The decision left them shocked and without options.

Fraudulent Documents Filed by Employer

The ban was triggered because the employer submitted fraudulent vendor client documents. These documents were filed during the H-1B process without the worker’s knowledge. The worker became liable for the misrepresentation even though they had no role in it.

Approved I-140 Did Not Protect Them

The visa holder had an approved I-140 and believed their US future was secure. But they were sent back to India immediately upon arrival. The 6C(i) finding meant the government concluded they had wilfully misrepresented facts.

Impact of a 6C(i) Finding

A 6C(i) finding amounts to an immigration fraud judgement. It creates a permanent ban from the US. Experts say this often happens when employers submit fake vendor client documents to show a job or project that never existed.

Failed Attempt at a Waiver

The applicant approached the consulate for a 212(d)(3) non immigrant waiver. But the ARO denied the request after eight months. This waiver only allows temporary entry and is the only option without a qualifying US citizen relative.

Long Term Career Impact

The employer’s actions destroyed the worker’s long term US career. Even a new job will not help because they now fall under the USD 100,000 H-1B rule. They must also overcome the fraud ban which is almost impossible without strong evidence.

Considering Alternatives Outside the US

Many H-1B holders advised the worker to explore other countries. They say the US is no longer a realistic option after a 6C(i) finding. The worker now faces a complete reset of their career and future plans.