The U.S. Justice Department has announced that Infosys Corporation, an Indian consulting, technology, and outsourcing company, has agreed to a civil settlement of allegations of systemic visa fraud and abuse of immigration processes. The settlement agreement requires Infosys to make a payment to the United States of $34 million, said to be the largest payment ever levied in an immigration case.
The allegations against Infosys included that it knowingly and unlawfully used B-1 visa holders to perform skilled labor in order to fill positions in the United States for employment that would otherwise be performed by United States citizens or require legitimate H-1B visa holders. It was also alleged that Infosys failed to maintain I-9 records for many of its foreign nationals in the United States in 2010 and 2011 as required by law, and billed clients for the use of off-shore resources when, in fact, the work was being performed by B-1 visa holders in the United States.
It has been reported that Infosys has also agreed to enhance corporate compliance measures. The settlement agreement requires additional auditing for I-9 forms; a reporting requirement for B-1 usage; an agreement to continue to use only detailed invitation letters, and the continued use of corporate disciplinary processes for employees that violate the immigration laws of the United States.