Abhijit Prasad v. United States

Whether a conviction under 18 U.S.C. § 1546(a) may be sustained based on representations regarding pre-existing “specific, bona fide positions,” where the Immigration and Nationality Act, as amended by the Immigration Act of 1990 and the American Competitiveness and Workforce Improvement Act of 1998, together with implementing regulation 20 C.F.R. § 655.73 l(c)(6)(i), specifically permit petitioning employers to employ H-1B nonimmigrants without a specific job assignment or an existing project.

Whether a court may impose criminal liability under 18 U.S.C. § 1546(a) by striking the statute’s incorporation of “immigration laws or regulations prescribed thereunder,” which govern the conduct described in Question 1, and thereby transform conduct regulated by Congress into a federal crime.