Rs 43 lakh for green card: How fake EB-1A claims are trapping Indians

Business Standard

4 hours ago

The United States government is reviewing a growing number of EB-1A green card petitions filed under the 'extraordinary ability' visa category, with immigration lawyers in Houston reporting an uptick in fraudulent claims, particularly among Indian applicants.
Reddy Neumann Brown PC, a Houston-based immigration law firm, said the category is now facing a wave of re-investigations and revocations. The EB-1A visa allows highly skilled individuals in fields like science, arts, education, business and athletics to live and work in the US without a job offer.
Fake citations, dubious awards and journal scams
According to attorney Rahul Reddy, several EB-1A applicants appear to have manipulated their profiles using questionable tactics.
'Some petitions have included publications in low-quality journals, coordinated co-authorship to inflate citations, and fake awards like the Stevie and Globee to strengthen their applications,' said Reddy in a social media post.
Karim Jivani, an associate attorney at the same firm, wrote in a recent blog post that a rising number of foreign nationals—especially from countries with limited access to immigration legal services—are falling prey to unregulated agents and consultancies promising guaranteed green card success.
'These fraudulent services exploit professionals who are not familiar with the complexities of US immigration law,' Jivani wrote. 'They often target scientists, entrepreneurs or artists using native language marketing, fake client testimonials, and social media platforms.'
Victims charged up to $50,000 (about Rs 43 lakh) for fraudulent applications
Jivani noted that some agents charge anywhere between $10,000 and $50,000, promising near-certain approvals. In many cases, he said, applicants either receive petitions that are 'hastily prepared and riddled with red flags' or no petition at all.
'Once the money is taken, some disappear altogether. The applicants end up flagged by USCIS for misrepresentation, which has long-term consequences,' Jivani wrote.
Some consultancies have reportedly gone as far as producing fake judging invitations, counterfeit awards, and orchestrated speaking opportunities at non-existent conferences to meet EB-1A criteria.
Wider impact on genuine applicants
The surge in questionable applications is also making it harder for legitimate candidates to get approved.
'When USCIS receives too many suspicious cases, they start raising the bar across the board,' said Reddy. 'That means even genuine applicants are facing more documentation requests, stricter reviews and delays.'
USCIS, the federal agency that processes these applications, has not yet issued a public advisory on the matter.
Who qualifies for an EB-1A visa?
The EB-1A is a first-preference, employment-based immigrant visa. It is open to people who meet strict eligibility criteria in their field of expertise. Unlike other work-based green cards, it does not require a job offer or a sponsoring employer.
To qualify, an applicant must either have:
A one-time achievement such as a Pulitzer, Nobel Prize, Olympic medal or similar
Or
Meet at least three of the following ten criteria:
Received nationally or internationally recognised awards
Membership in associations requiring outstanding achievements
Publications about their work in major media or journals
Judged the work of others in the field
Made original contributions to the profession
Authored scholarly articles in respected publications
Displayed their work in exhibitions or showcases
Played a leading or critical role in organisations
Earned a high salary relative to others in the field
Achieved commercial success in the performing arts
Self-petitioning and work plans in the US
Applicants must also show they plan to continue working in the same field after arriving in the US. This can be demonstrated through:
Letters from potential employers or clients
A personal statement outlining work plans
Evidence of continued professional activity
Importantly, the EB-1A does not require a labour market test or employer sponsorship. Individuals can petition on their own behalf through a Form I-140 submission.
Can family members also benefit?
Yes. A successful EB-1A applicant can also include their spouse and unmarried children under the age of 21 in the green card application.