Orlando Man Sentenced For Massive H-2B Visa Fraud

ORLANDO, FL – Marvin Mushia Smith, 41, of Orlando, Florida, is headed to federal prison after being sentenced to 10 months’ imprisonment for orchestrating a brazen visa fraud scheme. Smith pleaded guilty on August 14, 2018, but the scope of his operation – funneling over 300 Jamaican workers into the U.S. under false pretenses – is now fully laid bare. The sentencing, handed down by U.S. District Judge Carlos E. Mendoza, marks the culmination of a multi-agency investigation that exposed a systematic abuse of the H-2B non-agricultural worker program.

The scheme began unraveling in April 2017 when the Homeland Security Investigation’s (HSI) Document and Benefit Fraud Task Force (DBFTF) flagged a surge in suspicious requests for H-2B visas in the Orlando area. These requests, all linked back to Smith, a naturalized U.S. citizen originally from Jamaica, raised immediate red flags. Investigators discovered that, dating back to at least December 16, 2014, Smith had been filing fraudulent labor certification packages and immigration petitions with the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).

The H-2B program is designed to allow U.S. employers to temporarily fill non-agricultural jobs when qualified American workers are unavailable. However, Smith exploited loopholes, claiming to have contracts with hotels, construction companies, and landscaping businesses. These contracts, investigators found, were largely fabricated. USCIS, misled by the fake documentation, approved all 11 of Smith’s H-2B petitions, each allowing him to bring in roughly 30 workers – ultimately totaling over 300 individuals illegally admitted into the country. The current H-2B cap, set by Congress, is 66,000 visas per fiscal year, divided between the first and second halves of the year.

Interviews with the H-2B workers themselves revealed the depth of the deception. Many reported working at job sites and performing duties drastically different from those listed on their petitions, further confirming the fraudulent nature of Smith’s operation. The scheme wasn’t just about bringing in workers; it was about systematically circumventing the legal requirements designed to protect American jobs and wages. Smith profited from the scheme, though the exact financial gain remains undisclosed.

“Foreign worker visa fraud can have serious national security, public safety, and economic consequences,” stated HSI Orlando Assistant Special Agent in Charge David J. Pezzutti. “This case represents the importance of the HSI Document and Benefit Fraud Task Force’s continuing commitment toward protecting the integrity of the immigration system and preserving jobs for U.S. citizens and others lawfully authorized to work.” Frederick Stolper, Special Agent-in-Charge of the U.S. Department of State’s Diplomatic Security Service (DSS), Miami Field Office, added that DSS is “firmly committed to making sure that those who commit visa fraud face consequences.”

The investigation was a collaborative effort between HSI, DSS, DOL-Office of the Inspector General, Customs and Border Protection, and USCIS. Smith’s sentence sends a clear message: exploiting the immigration system for personal gain will be met with federal prosecution. While 10 months is the current sentence, the damage caused by Smith’s scheme will likely be felt for years to come, as authorities work to untangle the web of fraudulent documentation and the impact on legitimate workers.

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