The U.S. Department of Justice has imposed a fine of $34.0 million on Infosys, a technology consulting firm based in India. With more than 160,000 employees worldwide, Infosys is one of the giants in the IT consulting field and has had a major impact on the IT industry in the U.S., regularly using a disproportionate share of scarce H-1B visa numbers to shore up its U.S. workforce.
But Infosys did not only rely on H-1B visas to build its U.S. workforce. The company got itself into trouble by sending thousands upon thousands of technology workers to the U.S. with B-1 visas, as business visitors. According to the settlement, Infosys was alleged to have submitted deceptive “invitation letters” to U.S. consular officials that contained false statements regarding the true purpose of the visa applicant’s travel. They also coached visa applicants to make false and misleading statements and to conceal their true purpose and intent and wrote and revised client contracts to disguise the fact that Infosys was sending B-1 visitors to work on projects for U.S. clients. For more information on the investigation and settlement, click here.
As a company with several billion in annual revenue, for Infosys, the $34.0 million may just sting a little, and not for too long. However, for other international businesses the impact may be more far reaching. One, it will give anti-immigrant forces an attention-getting anecdote which they can use to push back against Silicon Valley and others seeking business-friendly immigration reform. Two, it will lead to even more skeptical scrutiny aimed at foreign nationals seeking to enter the U.S. as business visitors. The settlement will undoubtedly lead to narrower interpretations of the rules for business visitors and may cause problems for law-abiding U.S. and foreign companies seeking to properly use the B-1 visa category. Thanks Infosys!
Because of the Infosys settlement, it is more important than ever to understand the appropriate use and the limits of B-1 visas. At the Law Office of Matthew I. Hirsch, we have expertise in understanding the nuanced fine points between visa categories and have helped clients successfully use the B-1 visa, the H-1B visa and the B-1 in lieu of H-1B visa. For more information, contact us.