Infosys Limited, an Indian consulting, outsourcing and technology company, recently settled claims by the United States government that it engaged in widespread fraud and abuse of U.S. immigration laws. The suit by the United States alleged that Infosys circumvented H-1B visa laws by sending employees to worksites not listed on the Labor Condition Applications filed in support of the H-1B petitions and by directing employees to misrepresent the nature of their activities in the U.S. in order to obtain B-1 business visitor visas. In so doing, the United States claimed, Infosys was able to bypass government scrutiny and avoid the costs and rigors of securing H-1B visas, thereby maximizing its profits, while enjoying the flexibility of deploying its employees at will throughout the United States.
According to the Immigration Customs Enforcement (ICE) news release, the $34 million settlement is the largest civil settlement of its kind in an immigration case. Of that amount, $5 million will be paid to Department of Homeland Security, another $5 million will be paid to Department of State, and $24 million will be paid to the United States Attorney's Office responsible for prosecuting the case. As part of the settlement, Infosys also agreed to take certain steps to insure the company's future compliance with U.S. immigration laws, including hiring a third party to conduct audits of its I-9 Employment Eligibility Verification forms, revising its invitation letters to B-1 visa applicants, submitting reports to the United States Attorney's Office, and acknowledging that the company committed certain civil violations, among other terms and conditions.
Timothy D. Widman is a San Jose Immigration Attorney and the owner of the Law Office of Timothy D. Widman.