Atul Nanda, 46, and his brother, Jiten "Jay" Nanda, 44, were each convicted on one count of conspiracy to commit visa fraud, one count of conspiracy to harbor illegal aliens, and four counts of wire fraud.
The two brothers faces a maximum of 20 years of imprisonment and USD 250,000 in fine. A sentencing date has not been set. Atul Nanda and Jiten Nanda are owners of Dibon Solutions, an information technology consulting company located in Texas.
They sponsored the workers' H-1B visa with the stated purpose of working at Dibon headquarters in Carrolton, Texas but, in fact, did not have an actual position at the time they were recruited and knew the workers would ultimately provide consulting services to third-party companies located throughout the US.
Contrary to representations made to the workers (and the government), Jay and Atul Nanda directed that the workers only be paid for time spent working at a third-party company and only if the third-party company actually first paid Dibon for the workers' services.
Federal prosecutors alleged that the scheme was profitable because it required minimal overhead and Dibon could charge significant hourly rates for a computer consultant's services.
"Thus, the Nandas, as Dibon's owners, earned a substantial profit margin when a consultant was assigned to a project and incurred few costs when a worker was without billable work. This scheme is known as "benching". Dibon actively recruited H-1B workers for the "bench," they said.
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