Indian-origin CEO to lose US citizenship over H-1B visa fraud

DOJ alleges he secured US citizenship after concealing fraud linked to fake H-1B visa petitions.

The US Department of Justice (DOJ) has moved to revoke the citizenship of 17 naturalised Americans, including a businessman accused of H-1B visa fraud, marking a significant expansion of the Trump administration's denaturalisation drive. The latest action highlights a tougher approach towards immigrants who allegedly obtained US citizenship through fraud, concealment or misrepresentation.

 

Among those named is a 50-year-old entrepreneur originally from India, owner and chief executive officer of New Jersey-based staffing firm Magnavision LLC. According to the DOJ release, Neeraj Sharma secured US citizenship in 2017 despite allegedly concealing unlawful conduct linked to fraudulent H-1B visa applications.

 

Why is the US government targeting Neeraj Sharma?

The DOJ alleged that Sharma signed and submitted 11 fraudulent H-1B visa petitions to US immigration authorities. The applications reportedly claimed that foreign workers will be employed by a major global financial institution, supported by forged signatures and fabricated documents.

   

When applying for naturalisation in 2017, Sharma allegedly stated under oath that he had not committed any offence for which he had not been arrested, had not provided false information to US authorities and had not lied to obtain immigration benefits. US officials contend those declarations were false.

 

Sharma subsequently became a US citizen in December 2017. He was later convicted of visa fraud related to conduct that prosecutors say occurred between 2015 and 2017. The government is now seeking to strip him of citizenship on the grounds that it was obtained illegally through concealment of material facts and false testimony.

 

What is denaturalisation?

Denaturalisation is the legal process through which the US government revokes citizenship granted to a naturalised citizen. Under US immigration law, citizenship can be withdrawn if authorities establish that it was obtained unlawfully or through deliberate misrepresentation.

 

Unlike deportation proceedings, denaturalisation cases are typically heard in federal civil courts. Individuals can challenge the allegations and present their defence before a judge.

 

If a court rules in favour of the government, the individual loses US citizenship and may subsequently face immigration enforcement measures, including deportation proceedings.

 

A broader shift in US immigration enforcement

The action against Sharma is part of a wider effort by the Trump administration to increase the use of denaturalisation proceedings.

 

Historically, such cases were uncommon and generally focused on war criminals, human rights violators, national security threats or individuals who concealed serious criminal histories during the naturalisation process.

 

According to US media reports, the DOJ filed just over 300 denaturalisation cases between 1990 and 2017, averaging around 11 annually. The current administration, however, has signalled a much broader use of the tool.

 

US officials have indicated that hundreds of potential cases are under review. The DOJ has reportedly identified 384 foreign-born Americans whose citizenship status may be challenged, while immigration authorities have been encouraged to increase referrals for denaturalisation investigations.

 

Who else is being targeted?

The 17 individuals named in the latest round of proceedings include people accused or convicted of offences ranging from child sexual abuse and drug trafficking to wire fraud and immigration fraud.

 

According to US authorities, the cases involve individuals from several countries, including Haiti, Mexico, Jamaica, Colombia, Cuba and the Philippines. While the alleged offences vary significantly, the common factor cited by the government is that the individuals either concealed relevant information or were not legally entitled to naturalise.

 

What does this mean for immigrants?

It serves as a reminder that US citizenship obtained through naturalisation can be revoked if authorities later establish fraud or material misrepresentation during the immigration process.

 

The development may also attract attention within the Indian professional community because the allegations involve misuse of the H-1B visa programme, a route widely used by skilled Indian workers to enter the United States.

 

For now, Sharma and the other individuals named by the DOJ retain the right to contest the government's claims in court. The outcome of those proceedings will determine whether their citizenship can ultimately be revoked and whether further immigration action follows.