Our client never worked for the company that sponsored her H-1B petition. Years ago, while she was employed full time as a software engineer by another employer, a recruiter told her that a second position was available. A different company filed a cap-subject H-1B petition on her behalf, and USCIS approved it. She received no project, supervision, or pay from that petitioner. The petition later became a significant issue in her immigration record. During her adjustment-of-status process, USCIS questioned her under oath about the purported employment and later issued a Notice of Intent to Deny stating its preliminary determination that she was inadmissible for willful misrepresentation. In September 2026, after we responded to the notice and submitted a Form I-601 waiver application, USCIS approved both the waiver and her Form I-485.

The Client's Account of the Recruiter's Introduction and the H-1B Position

Our client arrived as an international student more than a decade ago, completed a graduate degree, and worked full time as a software engineer under post-completion practical training and a STEM extension. According to our client, a third-party recruiter introduced her to a second opportunity.  

The paperwork moved forward. USCIS records show that the petitioning company filed a cap-subject H-1B petition naming her as the beneficiary, that USCIS approved the petition, and that the company later filed a notice stating that she was no longer employed there. According to our client and the evidence submitted in her case, she was never assigned duties, never performed services, and was never paid by the petitioning company.

Within a few months, she obtained H-1B employment through another petitioner. She later worked for other well-known employers. More than two years ago, she applied for adjustment of status as the spouse of the principal beneficiary of an employment-based petition. Her husband's Form I-485 was approved shortly thereafter.

The Interview and the Notice of Intent to Deny

USCIS interviewed her in 2025. When questioned under oath about the employment, she provided an address, a schedule, a supervisor's name, and other details. She then signed the statement. In early 2026, USCIS issued a Notice of Intent to Deny. The notice was not a final denial. It stated USCIS's preliminary determination that the elements of willful misrepresentation were present and gave her 30 days to respond.

The Legal Standard for Willful Misrepresentation

A false statement alone does not establish inadmissibility for willful misrepresentation. The statement must have been made knowingly, rather than accidentally or in the good-faith belief that it was true, and it must have been material.

The central challenge was explaining why our client had provided detailed answers about employment that, according to the record presented in the case, never occurred. Because an adjustment applicant must establish eligibility and admissibility, the response needed either to overcome USCIS's preliminary determination or establish eligibility for a waiver.

The critical question was not only whether she had worked there, but why she had said under oath that she had.  

Waiver Eligibility and the Discretionary Question

Section 212(i) of the Immigration and Nationality Act permits a waiver of the willful misrepresentation ground of inadmissibility in certain cases when refusing admission would cause extreme hardship to the applicant's U.S. citizen or lawful permanent resident spouse or parent. A child is not a qualifying relative for this waiver, although hardship to a child may be relevant to the extent it causes hardship to a qualifying spouse or parent.

Statutory eligibility for a waiver was not enough by itself. The waiver required a favorable exercise of discretion, and adjustment of status was also discretionary. The notice had already made a preliminary discretionary assessment. It acknowledged positive factors, including her lawful permanent resident husband, U.S. citizen child, long employment history, and lack of criminal history, but characterized them as ordinary positive equities when weighed against the alleged misrepresentation.

The response therefore had to address both requirements: extreme hardship to the qualifying relative and the discretionary balance of positive and negative factors.

Our NOID Response and Form I-601 Waiver Submission

Our firm prepared and submitted a timely response to the NOID and filed a Form I-601 waiver application on our client's behalf. The NOID response addressed USCIS's preliminary willful misrepresentation determination. The waiver application presented evidence of extreme hardship to her qualifying lawful permanent resident spouse and the positive discretionary factors supporting approval.

The Result

In September 2026, USCIS approved the Form I-601 waiver and the Form I-485 without another interview. The approval did not establish that her earlier statements were true or erase the issue from her immigration history. It meant that USCIS granted the waiver and favorably exercised its discretion to approve her adjustment of status. She is now a lawful permanent resident.

Nationwide Representation in H-1B Misrepresentation and I-601 Waiver Matters

At the Law Offices of Sabrina Li, we handle fraud and misrepresentation issues arising in adjustment of status, consular processing, and naturalization matters. These issues may arise from sworn interview testimony, employment histories, unauthorized employment questions, or H-1B petition records, including situations in which anticipated employment did not materialize. We prepare factual responses, waiver applications when available, and evidence addressing discretionary factors. Because immigration law is federal, we represent clients throughout the United States from our offices in California and Texas.

Were you introduced to an H-1B opportunity by a recruiter or staffing company but never given work, or has USCIS raised concerns about statements made during an interview? Depending on the facts and evidence, a response may involve a factual rebuttal, a waiver application, or both. A Notice of Intent to Deny requires a prompt response: follow the deadline and submission instructions stated in the notice, because additional time generally is not available.

Contact the Law Offices of Sabrina Li by phone on our general line at (213) 375-8096 or on our Chinese-language hotline at (626) 800-4820, by email at csteam@sabrinali.law, or learn more about our immigration practice at sabrinali.law. Every case is different, and past results do not guarantee a similar outcome.

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This case study is provided for informational purposes only and does not constitute legal advice. Identifying details have been modified or omitted to protect client confidentiality, and the case strategy and supporting evidence are described only in general terms. Statements about the H-1B petition reflect USCIS records. References to the recruiter reflect only our client's account of her own experience and are not presented as an independent finding by USCIS or this firm. The petitioning employer is not identified. This article does not accuse any company of wrongdoing. Past results do not guarantee a similar outcome.