Navigating US Visa Fraud Concerns: How Should We Handle a Valuable Employee's Past Mistake?

US Visa Concerns

I am from an IT company and just want to clarify the scenario of a US Work Visa. There is a guy with fake software experience of 1 year from a company (Coaching Institute) initially and 10 years of genuine experience from an IT company. He previously obtained a US Visa based on forged experience from his former employer, a large IT company. He has now been working in our IT company for the past 5 years. However, we recently discovered his fraudulent experience letter (no Form 16/no bank statement).

What should we do? He is a valuable employee, and we do not want to take any action. But we are concerned about potential repercussions if someone were to report this to the US embassy. There are 2-3 similar cases like his. Would the company also get into trouble?

I wholeheartedly agree with your comments. Integrity needs to be given pride of place. No person who has ever given or shown fake experience should be recruited, regardless of how good he may be presently. The moment you come to know of his fake experience, the employee should have been called upon to prove his experience by proper documentation that can be verified. If adequate and acceptable proof is not furnished, the services should have been terminated.

There are many employees in our IT company who have fake experience letters, but we can't terminate them all. The issue with this manager, whom I am referring to above, is having a fight with a lower-level subordinate who used to threaten him that he would report this issue to the US Embassy. I am not sure what will happen if he reports this issue to the US Embassy. Frankly speaking, this manager has obliged many of us, including senior management, by hiring fraudulent candidates, and we can't take any action against him.

If the matter gets reported to the US embassy, there will be a thorough investigation, and all fake experience workers will be sent back. It is this lack of integrity that should worry us.

A worker without integrity, and with his foundation based on fake experience, no matter how technically proficient, is a liability in the long run to the company. Management has to make a decision on this issue and cannot leave it hanging.

Dear Sushma, If there is so much allegiance to the fraudster, then there was no need to come to this public forum and seek advice. It appears that your organization in general, and you in particular, are beholden to the manager because he helped you in recruitment. Therefore, the retention of this manager is granted. Your major concern is the action by the US embassy if these facts come to light.

You have the option of keeping the fraud under the carpet and giving a semblance of normalcy. However, the upshot of this fake normalcy would be blackmail by some other employee. Therefore, you need to have a plan ready to appease the blackmailer as well. If you feel that by doing all this, you will be able to serve the interests of your organization, then all the best to you!

As far as India is concerned, it's nothing new to find personal allegiance. It is in Indians' blood. A large number of political leaders have a criminal background. A few are even history-sheeters. However, they are very popular in their local areas because they provide services like free ambulances or may create a safe environment in certain pockets. Nevertheless, the electorate who vote for them in droves never realize that by electing such undeserving individuals, they weaken the institution of democracy.

My dear friend, you wanted to put the cat in the bag. But then no cat on earth is known to have remained in the bag forever. Sometimes a cat's meow will be loud enough to reach the doors of the US embassy. Be prepared for that contingency as well!

Thanks,

Dinesh Divekar