United States v. Namrata Patnaik

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-10043

Plaintiff-Appellant, D.C. Nos. 5:22-cr-00014- v. BLF-1 5:22-cr-00014-

NAMRATA PATNAIK; KARTIKI BLF-

PAREKH,

OPINION

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Argued and Submitted September 10, 2024 San Francisco, California

Filed January 14, 2025

Before: Kim McLane Wardlaw, Ronald M. Gould, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Bumatay SUMMARY*

Criminal Law

The panel reversed the district court’s judgment dismissing an indictment charging the defendants with submitting fraudulent H-1B visa applications, and remanded for reinstatement of the criminal charges. The defendants served as chief executive officer and human resources manager of a semiconductor chip design consulting and staffing company that employs many H-1B visa holders. The Immigration and Nationality Act authorizes employers to request H-1B status for…