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San Jose Sridevi Aiyaswamy IT Businesswoman Sentenced 13 months in Prison For H-1B Visa Fraud

San Jose, Dec. 23, 2017
Ranesh Rana/ Agary Singh Grewal

San Jose businesswoman Sridevi Aiyaswamy was sentenced to 13 months in prison only with plea agreement today as a result of her involvement in executing an H-1B visa fraud scheme.  The sentence was handed down by the Honorable Lucy H. Koh, United States District Judge, after Aiyaswamy pleaded guilty to the crime on July 19, 2017. 

In addition to the prison term, Judge Koh sentenced Aiyaswamy to a $10,000 fine and a three-year period of supervised release.  Judge Koh ordered the defendant to self-surrender by on February 14, 2018. 

She pleaded guilty to three counts of visa fraud.  Aiyaswamy admitted that  Acting as a petitioner on behalf of foreign worker beneficiaries, Aiyaswamy falsely represented in I-129 petitions that the foreign worker beneficiaries would be working at an information technology and networking company in San Jose, Calif.  

Between April 2010 and June 2013 she made numerous false statements and submitted over 25 fraudulent documents to the United States Citizenship and Immigration Services (USCIS) to obtain H-1B non-immigrant classifications for skilled foreign workers.

Aiayswamy further submitted counterfeit statements of work with forged signatures as back-up documentation to the I-129 petitions.  In fact, at the time she submitted these documents to USCIS, Aiyaswamy knew that the statements regarding offers of work from the South Bay company for these beneficiaries were false statements, and that the company had not made any offers of employment regarding these individuals.   

A federal grand jury indicted Aiyaswamy on December 3, 2015, charging her with 34 counts of visa fraud, in violation of 18 U.S.C. § 1546(a).  Pursuant to her plea agreement, Aiyaswamy pleaded guilty to three of the counts of visa fraud and the remaining counts were dismissed.  

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Wednesday, July 19, 2017

San Jose Businesswoman Pleads Guilty for Visa Fraud

Defendant Submitted False Contracts, Forged Signatures of Cisco Employees to Federal Government In Scheme to Obtain H-1B Visas Under False Pretenses

She may go 10 years in prison and a $250,000 fine.

SAN JOSE, CA - A San Jose businesswoman pleaded guilty in federal court today to three counts of visa fraud between April 2010 and June 2013. She made numerous false statements, and submitted over 25 fraudulent documents, to the United States Citizenship and Immigration Services (USCIS) for the purpose of obtaining H-1B non-immigrant classifications for skilled foreign workers.

  Aiyaswamy falsely represented in I-129 petitions that the foreign worker beneficiaries would be working at Cisco, an information technology and networking company in San Jose, Calif.  Aiayswamy further submitted counterfeit statements of work with forged signatures as back-up documentation to the I-129 petitions.  In fact, at the time she submitted these documents to USCIS, Aiyaswamy knew that the statements regarding offers of work from Cisco for these beneficiaries were false statements, and that Cisco had not made any offers of employment regarding these individuals.   

A federal grand jury indicted Aiyaswamy on December 3, 2015, charging her with 34 counts of visa fraud, in violation of 18 U.S.C. § 1546(a).  Pursuant to today’s pea agreement, Aiyaswamy pleaded guilty to three of the counts of visa fraud and the government agreed to request dismissal of the remaining counts.  

Aiyaswamy is currently free on bond.  Judge Koh scheduled her sentencing for November 15, 2017, at 9:15 a.m.  The maximum statutory penalty for visa fraud is 10 years in prison and a $250,000 fine.