As the Foreign Affairs Manual explains: For a misrepresentation to fall within the purview of INA 212(a)(6)(C)(i), it must have been practiced on an official of the U.S. Government, generally speaking, a consular officer or a Department of Homeland Security ("DHS") officer. 9 FAM 40.63, N4.3 (emphasis added). (Ex. A). Likewise, the Board of Immigration Appeals stated that it "is well established that fraud or willful misrepresentation of a material fact in the procurement or attempted procurement of a visa, or other documentation, must be made to an authorized official of the United States Government in order for excludability under section 212(a)(6)(C)(i) of the Act to be found." Matter of Y-G-, 20 I. & N. Dec. 794 (BIA 1994) (emphasis added). A noncitizen who only used his green card in order to work for a private employer should not be subject to inadmissibility under INA 212(a)(6)(C)(i).

Thanks to Davorin J. Odrcic