Findream LLC was a California company that was prosecuted
for committing visa fraud in 2019. Specifically, the owner of
the company issued sponsorship documents to help F-1 foreign students to apply
for employment authorization through the Optional Practical Training (OPT),
STEM OPT, and also the H-1B professional work visa programs. The owner of
Findream was sentenced to 37 months in federal prison for conspiracy to commit
visa fraud.
Since then, many international students also had their
status or visas cancelled on account of their involvement of Findream or
Sinocontech LLC, a related company. The most frequent occurrence
was when they travel internationally, either leaving the U.S. or
returning. They would be questioned by the CBP (Customs and Border
Patrol) officers at the airport about their previous OPT employment.
Typically, after extensive questioning a statement is prepared. They
would be asked to review the statement and sign it. Depending on the situation,
they could be denied entry into the U.S. and/or have their visas cancelled by
the officers. Sometimes, the officer would give them a warning that they would
not be able to return to the U.S. again.
The problem can also surface when an F-1 student
applies a visa from an American Consulate, their visa application could be
rejected because of their involvement with Findream or similar illegitimate
companies. In some cases, even after their visas have been approved,
students may receive a phone call from the Consulate informing them that the
approval was revoked.
Does that mean any involvement with Findream or
similar companies would lead to visa denials and deportation? Based on
our firm's experience, the answer depends on the particular student's
situation. There is no blanket rule that every student who has been
involved with Findream or other similar organizations will automatically be
denied a visa or a green card.
Within the U.S., before making a decision, the
Department of Homeland Security (DHS) officers would study the facts of the
case, review the documents and evidence, interview the student, and also give
the student a fair opportunity to explain his situation. For example, if a
student's involvement with such organizations was short and unintentional, and
she took actions to remedy the situation as soon as possible (e.g., by looking
for other employment), there is a chance that her adjustment or other status
application will be approved. On the other hand, if a student relies on
the same questionable organization for employment sponsorship for a long period
of time, and for different programs (OPT, STEM OPT, H-1B), it would be
extremely difficult to argue that the student's involvement was
unintentional.
Many F-1 students stumbled into Findream and
other fraudulent organizations out of desperation or ignorance. As newcomers to
the United States, their OPT employment is often their first job here. It
is understandable how they may fall prey to certain unscrupulous employers. The
important thing is to try to take actions to correct their mistakes as soon as
possible. The immigration officers have some discretionary power to overlook
certain violations, but the applicant must demonstrate through their actions
and candor that they deserve such a break.
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