Global IT Company Settles Years of Federal and State Immigration Investigations—$24 Million in Fines Paid.
Infosys, a global consulting and IT services company, with operations in 45 countries, recently reported an agreement with the State of New York to settle allegations that Infosys failed to pay hundreds of foreign workers who entered the United States pursuant to their respective visas as well as state employment taxes. This $1 million settlement with the New York Attorney General’s Office, brings to an end more than 4-years of federal and state investigations into Infosys’ immigration-employment practices.
In a statement, New York Attorney General Eric Schneiderman said that the settlement with Infosys concluded several whistleblower claims that stemmed from allegations that Infosys routinely brought foreign IT professionals into New York State to perform work that violated the terms of their employment visas.
The investigation started in 2013 when Department of Homeland Security agents conducted a random, Form I-9, Employment Verification Audit. During the audit, investigators stumbled upon a “Do’s and Don’ts’” memorandum that Infosys provided its foreign employees entering the United States as B-1 Visitors. The memorandum instructed the foreign Infosys employees on how to deceive consular officers and Customs & Border Protection (CBP) agents when entering the United States.
The foreign Infosys employees were instructed to apply for and enter the United States using a B-1 Visitor Visa, which permits temporary travel for pleasure only. Visitors are not allowed to work under the B-1 visa. The memorandum went on to provide guidance to foreign employees on how to prevent officials from learning that the real purpose of the trip was for employment at Infosys.
The agreement with the State of New York follows a $23 million settlement in 2013 with DHS to resolve allegations of visa fraud and Form I-9 paperwork errors.
Infosys was established in 1981 and boasts more than 198,000 employees globally. Listed on NYSE, Infosys’ reported $10.5 billion in revenue for 2016 and a market capitalization of approximately $33.5 billion.
Do not let DHS stumble on any of your corporate memorandums. Be proactive. Be Protected.
If you have any questions about this post or other immigration-related topics, please contact me at rglahoud@nmmlaw.com.
