The world of Silicon Valley staffing firms is often seen as a competitive arena where access to skilled technology workers is the currency of success. However, the race for talent sometimes crosses legal boundaries, as evidenced by the recent guilty plea entered by Kishore Dattapuram, 55, of Santa Clara, owner of the San Jose-based staffing firm Nanosemantics, Inc. Dattapuram has pled guilty to visa fraud and conspiracy to commit visa fraud in a scheme that allowed his company to improperly secure H-1B visas for foreign workers.
According to the U.S. Department of Justice, the indictment, which was filed on February 28, 2019, revealed that Dattapuram, along with two other defendants, Kumar Aswapathi, 55, of Austin, Texas, and Santosh Giri, 48, of San Jose, were charged with submitting fraudulent H-1B applications. In their guilty plea, Dattapuram admitted that he paid companies to pose as end-clients in the applications, although no jobs awaited foreign workers. This manipulation allowed Nanosemantics to obtain visas in anticipation of employment needs, skirting the proper legal process and gaining an unfair advantage over competitors.
While Dattapuram’s sentencing hearing is scheduled for February 24, 2025, before U.S. District Judge Edward J. Davila, Giri’s sentencing is set for the same day before the same judge. Aswapathi’s status regarding sentencing will take place on November 25, 2024, further emphasizing the legal repercussions of manipulating the visa system. Each defendant faces significant penalties, with up to ten years in prison, fines amounting to $250,000 for each visa fraud count, and up to five years plus fines for conspiracy counts.
First Assistant United States Attorney Patrick D. Robbins and HSI Special Agent in Charge Tatum King were behind the public announcement of Dattapuram’s guilty plea. Assistant United States Attorney Sarah Griswold and Special Assistant United States Attorney Johnny James are tasked with prosecuting the case, signaling the gravity with which the government views such offenses against immigration and employment regulation. The prosecution has resulted from a collaborative investigation by Homeland Security Investigations (HSI) and the United States Citizenship and Immigration Services (USCIS), reflecting the intersection of employment, immigration, and justice in the hub of technology innovation.
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