San Jose — Attorneys for South Bay executives of highly regarded Silicon Valley engineering company PerfectVIPs today said they will fight H-1B Visa fraud charges against employees of the firm, calling the Department of Justice’s accusations “a misuse and misapplication of the complex H-1B visa laws.”
“We believe we will ultimately prevail as the allegations are based on withdrawn policies that the Trump Administration attempted to enforce that discriminated against Indian entrepreneurs and harm the economic agility of Silicon Valley,” said Chris Cannon of the law firm of Sugarman & Cannon in San Francisco.
PerfectVIPs is a fabless semiconductor company in San Jose with global presence with majority of its workforce in India and many clients in the U.S. The company regularly enters the H1-B visa lottery to bring engineers into the US to work directly in the Perfect VIPS office, and at client locations. The Company supports its own engineering projects and supplies chip verification services to brand-name Silicon Valley companies and employs both citizens and H-1B visa holders.
The DOJ filing alleges PerfectVIPs executives Namrata Patnaik and Kartiki Parekh “gained an unfair advantage over employment staffing firms” by making false statements on visa applications for engineers regarding the location where the engineers would work.
PerfectVIPs Executives Namrata Patnaik And Kartiki Parekh Acted Legally And Properly
Cannon said the company followed the H-1B polices and properly notified the government when engineers moved from one location to another.
“As with most jobs, sometimes employees work at the home office, and sometimes they work at sites designated by the client. As long the employee is paid Silicon Valley wages, the location of the jobsite does not matter. Moreover, when a jobsite moved, the company informed the government and filled out the proper paperwork required,” Cannon said.
United States Customs and Immigration Service (USCIS) administers the H1-B program. Cannon said the DOJ is being misled by USCIS holdovers from the Trump Administration who would not issue visas unless the applicant attempted to provide exact jobsite location, even though there was no legal requirement to provide that information.
“When you are a consultant or contractor it is almost impossible to say exactly where someone will work,” Cannon added. “Two District Courts, and USCIS itself, have ruled that USCIS did not have the right to require end client location data.”
Even so, Cannon added, the company attempted to comply with USCIS’ excessive ask for information, and, when business circumstances changed, informed the government of those changes. We hope at the end of the day the government, or a jury, will recognize there was no wrongdoing.