US Immigration Case Reveals How Easy it is to Cheat System

In a case which has revealed how easy it is for invaders to cheat the legal immigration system in America, a legal Jamaican immigrant has been arraigned in Florida on over 300 charges of visa fraud for simply declaring that he was going to employ other Jamaicans inside the country.

Coronation Market, Kingston, Jamaica. The island nation’s largest food market.

According to a press release issued by the US Department of Justice, 39-year-old Marvin Mushia Smith, a naturalized US citizen, was arraigned after members of Orlando’s Homeland Security Investigation’s (HSI) Document and Benefit Fraud Task Force (DBFTF) identified numerous requests for foreign, temporary, non-agricultural workers’ “H-2B” visas linked to Smith.

“Further investigation revealed that from at least December 2014 through March 15, 2018, Smith filed fraudulent labor certification packages and 11 fraudulent immigration petitions with the Department of Labor (DOL) and/or U.S. Citizenship and Immigration Services (USCIS), which resulted in the admission of over 300 non-immigrants from Jamaica.”

The statement added that the H-2B non-agricultural temporary worker program allows US employers to bring foreign nationals to the United States to fill temporary, non-agricultural jobs.

“To qualify for H-2B nonimmigrant classification, a petitioner must establish that there are not enough US workers who are able, willing, qualified, and available to do the temporary work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed US workers.”

A statutory “cap” limits the number of H-2B visas granted during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1–March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1–September 30).

“In his fraudulent submissions to DOL and USCIS, Smith claimed to have labor contracts with various hotels, construction companies, and landscaping businesses for temporary work in the United States,” the statement continued.

“In reality, many of his H-2B petition packages used fake temporary employment contracts to support the need for his foreign workers.

“USCIS approved the petitions, in large part, because of the fraudulent contracts supplied by Smith.”

Law enforcement officers interviewed several of the workers who had been admitted as part of Smith’s fraudulent packages, who stated that they worked at different job sites and performed duties other than the ones indicated on the petitions.

In other words, the Jamaican only had to make up a set of documents claiming that he would employ hundreds of fellow Jamaicans in “temporary jobs” to enable them to enter the US. Once inside the country, the majority will of course just “disappear” and are unlikely to be found again, without a massive effort on the part of the state.

Jamaicans in America already number over 1.1 million, and constitute the largest number of recent African immigrants to the US.

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