WASHINGTON – Sen. Chuck Grassley is continuing his review of the country’s visa programs and today asked the Secretary of Homeland Security and the Secretary of State to explain how those departments handle visa approvals for foreign nationals who apply to work in the .
Grassley said he is looking for more information because of a Grand Jury indictment this fall that uncovered a major visa fraud case in Atlanta, . The indictment alleges that Suren Agadzhanov and 11 other individuals fabricated petitions and sold B-1, B-2, H-1 and L-1 visas to hundreds of foreign aliens using shell companies and false employer names on visa applications. Both the Homeland Security and State Departments were part of uncovering the fraud. Now, Grassley said, “The question is whether this scam is the tip of an iceberg, and what’s being done by the federal government to crack down on other cases and to prevent fraud in the future.”
The text of Grassley’s November 14, 2007, letter to Secretary Chertoff and Secretary Rice follows below.
November 14, 2007
The Honorable Michael Chertoff
Secretary
Department of Homeland Security
Washington
D.C.
20528
The Honorable Condoleezza Rice
Secretary
Department of State
Washington
D.C.
20520
Dear Secretary Chertoff and Secretary Rice:
In September, your Departments were successful in helping to uncover a major visa fraud case in Atlanta, . This case involved an individual who fabricated petitions and sold B-1, B-2, H-1 and L-1 visas to hundreds of foreign aliens.
According to the indictment returned by the Grand Jury, “the defendant prepared and submitted and caused to be prepared and submitted each visa petition as if it were a legitimate petition submitted on behalf of a legitimate prospective or actual alien employee of one or more bogus shell companies when in truth and in fact said aliens had no legitimate employment or offer of employment with any such companies, nor did such companies exist other than on paper.”
I understand that your Departments worked closely with the Department of Justice to bring Mr. Suren Agadzhanov and his co-conspirators to justice. I’m grateful that they have been indicted, but remain concerned about how this individual was able to carry on a visa scam for years without the knowledge of our consular and immigration officers.
The indictment alleges Mr. Agadzhanov helped fabricate companies and lied on petitions about the existence of facilities, their locations, and the need for workers. Further, the indictment alleges that “none of the businesses existed other than on paper, none of the visa recipients worked for the non-existent businesses specified in their CIS forms, none performed the jobs described in the CIS forms, and none was ever paid by any of these bogus shell companies.”
If an alien petitions for an L-1 visa, a company should be in existence in the alien’s home country and the (unless a new office is being established in the ). In this case, the defendant was able to make up fictitious companies and provide L-1 visas to foreign workers for a charge of $10,000. According to the indictment, Mr. Agadzhanov made up several shell companies and used these fake employer names to petition for foreign workers. Are immigration and consular officers not responsible for verifying the existence of companies in the and abroad? Explain to me how your agencies could have ignored or overseen the obvious in these cases, and assure me that agents have been reminded to double check the corporate relationships between the U.S.-based company and the foreign company for future applications.
Furthermore, I am concerned that your Departments may not know the whereabouts for every alien who received a visa through this scam. While I understand that many foreign workers have been found, there may be many more visa recipients through Mr. Agadzhanov’s scam that are living freely in the United States. Therefore, please detail the number of aliens who have been arrested and deported as well as the number of individuals still being sought by enforcement officers in and outside the . Also provide information on the current status and the likely course of action for those that received a visa through this scam.
Visa fraud is a serious matter that puts our national security at risk. This case is just one example of the many types of criminal practices that foreign aliens are using to deceive and undermine our country’s immigration system. Terrorists and criminals will go to great lengths to enter the , obtain travel documents such as visas, and remain in our country. While I appreciate the work of your Departments on this case, our government officials must remain vigilant when it comes to visa fraud and abuse. Therefore, serious and extensive vetting on the front end must be improved, or there may be more instances of this type of fraud going unnoticed.
I think we can agree that improving our visa procedures is in the best interest of our national security. I look forward to hearing from both of you on this matter.
Sincerely,
Charles E. Grassley
United States Senator