Paid record $34 million settlement for systematic visa fraud, using B-1 visitors as H-1B workers to undercut wages and avoid oversight
Oct 31, 2013On October 31, 2013, Infosys paid $34 million settlement - the largest ever in an immigration case - for systematic visa fraud. DOJ found Infosys 'unlawfully and fraudulently used B-1 visa visitors as though they were H-1B workers in violation of U.S. immigration law.' Infosys circumvented H-1B requirements 'to increase profits, minimize visa costs, increase flexibility, obtain unfair advantage over competitors, and avoid tax liabilities.' More than 80% of Infosys's I-9 forms for 2010-2011 contained substantive violations. Settlement: $10M civil forfeiture + $24M penalty + 2 years mandatory auditing. Economic Policy Institute analysis showed in FY13, Infosys sponsored only 7 H-1B workers for permanent residence despite government approving 12,432 H-1B petitions - demonstrating H-1B workers used as 'temporary, cheaper, disposable labor' not to permanently introduce talent. Only 1-in-206 Infosys H-1B workers held US advanced degrees. Pattern: Systematic abuse of visa program to replace American workers with temporary cheaper foreign labor.