A recent court hearing has revealed a shocking case of visa fraud involving a San Jose-based technology staffing company. Kishore Dattapuram, the owner of Nanosemantics, Inc., a staffing firm, admitted in federal court this week that he had knowingly participated in a fraudulent visa scheme. Dattapuram and his business partners, Kumar Aswapathi and Santosh Giri, used a fake system to submit visa applications for foreign workers that contained false information about jobs that did not exist.
The Scheme to Exploit the Visa System
Dattapuram, Aswapathi, and Giri worked together to manipulate the H-1B visa system. The H-1B visa is a special type of work visa that allows foreign workers to come to the United States for temporary jobs with companies that sponsor them. To get this visa, employers must submit a petition to the U.S. Citizenship and Immigration Services (USCIS), proving that the worker will be employed in a specific job for a set period. The petition must also include details like the worker’s salary, job duties, and the company they will work for.
However, Dattapuram and his colleagues found a way to cheat the system. They submitted visa applications for foreign workers, claiming that these workers had jobs lined up with specific companies. In reality, these jobs didn’t exist. They paid other companies to list themselves as the “end-client” where the workers would supposedly be placed, even though the workers would never actually work there. The purpose of this fraud was to secure the H-1B visas quickly, allowing them to place the workers in real jobs as soon as the visa process was completed, without having to wait for actual job offers. This gave Nanosemantics an unfair edge over other staffing companies who followed the legal process.
Key Figures Involved in the Fraud
Kishore Dattapuram, the 55-year-old owner of Nanosemantics, was at the center of the scheme. His company provided skilled workers to technology firms in Silicon Valley. Along with Aswapathi, who co-owned Nanosemantics, Dattapuram used his position to arrange these fraudulent visa petitions. Aswapathi, 55, of Austin, Texas, was already guilty of all charges related to the visa fraud scheme after he pled guilty in 2020.
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Santosh Giri, the third defendant in the case, was closely connected to Nanosemantics and also played a role in the fraud. Giri, 48, of San Jose, was not only involved with the staffing firm but also owned a separate company called LexGiri. This company provided legal outsourcing services to businesses, helping them manage their immigration processes. Giri pled guilty to all charges in October 2024.
According to the court records, the three men submitted several fake H-1B visa petitions over time. They falsely claimed that foreign workers had specific jobs waiting for them at various companies, even though these jobs didn’t exist. This allowed Nanosemantics to bring workers into the U.S. under false pretenses, causing a distortion in the visa process.
Legal Consequences for the Defendants
The three men now face serious legal consequences for their actions. In total, Dattapuram, Aswapathi, and Giri were charged with one count of conspiracy to commit visa fraud and multiple counts of substantive visa fraud. Each of the defendants could face up to 10 years in prison for each fraud count and a fine of $250,000. The conspiracy charge carries a maximum penalty of five years in prison and another $250,000 fine.
The sentencing hearings for Dattapuram and Giri are scheduled for February 2025, before U.S. District Judge Edward J. Davila. Aswapathi’s sentencing hearing will take place in late November 2024. While it is clear that they will face penalties for their actions, the exact length of their sentences will depend on factors including the U.S. Sentencing Guidelines, which provide a framework for determining the severity of sentences.
The investigation into this case was conducted by Homeland Security Investigations (HSI) with support from USCIS. The case is being prosecuted by Assistant United States Attorney Sarah Griswold and Special Assistant United States Attorney Johnny James. The U.S. Attorney’s Office is committed to holding accountable anyone who seeks to exploit the immigration system for financial gain.
This case sheds light on how some businesses may try to manipulate the legal visa process for personal profit. It serves as a reminder of the serious consequences that come with breaking the law, especially when it involves something as important as the immigration system.
