This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 03 AMMAN 009956 
 
SIPDIS 
 
INFO AMEMBASSY BAGHDAD 
AMEMBASSY CAIRO 
AMEMBASSY DAMASCUS 
AMEMBASSY RIYADH 
AMEMBASSY KUWAIT 
AMEMBASSY ATHENS 
NVC PORTSMOUTH NH 
DEPARTMENT OF HOMELAND SECURITY 
 
DEPT FOR CA/FPP 
ATHENS FOR DHS 
DEPT ALSO PASS TO KCC 
POSTS FOR FRAUD PREVENTION MANAGERS 
 
E.O. 12958: N/A 
TAGS: KFRD CVIS CPAS CMGT ASEC JO IZ
SUBJECT:  H1B FRAUD TREND- IRAQIS CLAIMING TO BE ACCOUNTANTS OF 
CHALDEAN ORIGIN 
 
¶1.  Summary:  In the past ten months, the Consular Section in Amman 
received a large number of apparently fraudulent H1B cases for Iraqi 
nationals claiming to be of Chaldean origin and intending to work in 
the U.S. as accountants or financial analysts.  These cases 
resemble one another closely due to the attorneys used in the U.S., 
the immigration office used in Amman, and the claimed background of 
the applicants.  The limitations on verifying documents from Iraq 
continue to pose a challenge to Post's anti-fraud efforts. 
End summary. 
 
Getting Around 214b 
=============== 
 
¶2.  Since February 2005, the Consular Section has returned thirteen 
H1B temporary worker petitions to the Kentucky Consular Center and 
the Department of Homeland Security with forty-one applicants. 
These thirteen petitions were for Iraqi nationals who 
claimed they were qualified to serve as accountants or financial 
analysts in the U.S. However, in none of the cases were the 
applicants able to discuss principles of accounting nor were they 
able to speak English to a degree sufficient to hold a simple 
conversation, let alone work in a field requiring the ability to 
read and understand complex laws and regulations.  Post is 
concerned that the H1B visa is being sought in order to obtain 
entry and thence immigration status in the U.S. via a 
visa category that does not permit refusal under the "intending 
immigrant" Section 214b of the Immigration and Nationality Act. 
 
Detection Points 
============= 
 
¶3.  In order to combat these apparently fraudulent cases, Post has 
implemented a  full review of the documents submitted by the 
petitioner in the U.S., and introduced detailed 
questioning into the interview process.  With the number of cases 
growing, Post has noted the following similarities among the 
applicants: 
- They are all Iraqis claiming to be Chaldeans; 
- They claim to hold bachelors degrees in accounting but cannot 
demonstrate basic written or oral understanding of their field; 
- Their education credentials are evaluated by specialty 
U.S.-based credential evaluation services whose referenced 
materials do not include the changes in education credentials 
made after the fall of Saddam Hussein's regime in 2003; 
- The applicant's U.S. relative found the job by advertising on 
their behalf in the U.S., often in a church bulletin; 
- The non-immigrant visa application is completed locally by the 
same immigration office, Nahda Office of Amman, Jordan; and 
- The written answers to the questionnaires match, in some cases 
word for word, those given by other applicants, including answers 
that are incorrect (Note: A list of attorneys associated with the 
petition filings is provided at paragraph 8.  End note.)  . 
 
¶4.  As more applicants have come to the Embassy, Post has had to 
adapt in order to combat coaching of applicants by the immigration 
office or others.  At interview, the interviewing officer has 
alternated fresh questions into the sequence of questions.  When 
this is done, the applicant fails to answer, however subsequent 
applicants will have scripted answers to these same questions. 
 
Not a Slam Dunk 
============= 
 
¶5.  The best methods of detecting fraud would be to have a file of 
correct exemplar documents or to approach the issuing offices to 
verify the information.  This is not possible on most submitted 
documents that originate from Iraq. Therefore, straightforward 
document verification with the issuing authorities is not available, 
a situation that is to the benefit of fraudulent applicants. 
Post is collecting recently issued Iraqi education documents in a 
scanned format from applicants with bona fide applications, 
but does not have a sufficient number at this time to make effective 
comparisons. 
 
Broader Trends 
============ 
 
¶6.  The use of the H1B visa class by Iraqis claiming to be Chaldeans 
to leave Iraq is mirrored in a number of other visa types. 
For example, the Immigrant Visa Unit has noted a large percentage 
of the I-130 petitions accepted both at Post and in the U.S. as 
originating from American Chaldeans entering into arranged marriages 
with Iraqi Chaldeans.  At rough glance, this appears to be 
predictable pattern of follow-on immigration, given the small 
nature of the community and the fact that the Chaldean 
group originated from Iraq; however, the number and pace of 
applications are greater than what Post would assume is a natural 
progression.  The same unit also estimates that half of the asylee 
following-to-join cases from Iraq are of Chaldean origin. 
In the Non-Immigrant Visa Unit, many of the Iraqi applicants for 
tourist/business visas claim to be of Chaldean background, 
as evidenced by church birth certificates often presented in 
conjunction with Iraqi national identification papers to 
demonstrate date of birth or relationship.  These applicants rarely 
have travel outside of Iraq, except for purposes of the visa 
application, and in most cases do not overcome the intending 
immigrant section of law.  These trends are for the most part 
anecdotal, as consular systems do not capture this information in 
a reportable form. 
 
Comment 
======== 
 
¶7.  Post is a primary regional NIV and IV processing post for 
Iraqis, but of course is not in Iraq.  Embassy Baghdad may be best 
placed to give an on-the-ground judgment as to whether Iraqi 
Chaldeans are leaving Iraq en masse, or whether our 
increased numbers in Amman reflect a more focused effort by 
specific families or individuals.  In either case, 
while most Iraqis who claim to be of Chaldean origin seeking 
immigrant visas are qualified for that status, those applying for 
non-immigrant visas, particularly H-1B's, are increasingly not 
credible and unqualified.  Our assessment is that many 
in this community lacking the necessary family ties to qualify 
for an immigrant visa are turning to organized efforts in the 
U.S. based on church ties and religious solidarity to obtain 
non-immigrant visas they are not qualified for.  Post will 
continue to adapt its interviewing techniques and resources in 
order to address the unique challenges of adjudicating visas 
for Iraqis outside of Iraq, with a view to continued 
facilitation of legitimate immigrant and non-immigrant travel, 
and deterrence of illegitimate travel. 
However, as applicants and facilitators learn through trial and 
error, fraudulent cases will become increasingly difficult for 
Post to detect.  Increased vigilance by petition- approving 
agencies and offices in the U.S. would assist in interdicting 
this flow of unqualified visa applicants.  End comment. 
 
List of Attorneys 
============= 
 
¶8.  Post has dealt with the following attorneys assisting the 
petitioners in H1B filings: 
 
Hoare & Lyda 
28545 Orchard Lake Rd, Suite B 
Farmington Hills, MI 48334 
Tel 248-553-0100 
 
Garmo & Associates, P.C. 
28230 Orchard Lake Rd, Suite 201 
Farmington Hills, MI 48334 
Tel 248-626-0050 
Shallal & Shallal, PLLC 
21711 West Ten Mile Road, Suite 237 
Southfield, MI 48075 
Tel 248-223-9830 
 
Maria C Salud Law Office 
17200 West Ten Mile Road, Suite 202 
Southfield, MI 48075 
Tel 248-557-9116 
 
Law Office of Aziz J. Asmar 
124 W Main Street, Suite 230 
El Cajon, CA 92020 
Tel 619-440-4441 
 
Maulkin, Glaser, & Bennett 
18127 Brookhurst Street 
Fountain Valley, CA 92708 
Tel 714-963-8951 
 
HALE