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.
Harj Virdee, Panic Cell
