May 26, 2011, - 1:58 pm

InfoSys Committed Immigration/Visa Fraud to Give U.S. Jobs to Aliens

By Debbie Schlussel

It’s official: InfoSys is violating immigration laws in order to replace Americans with aliens who work for cheaper wages.  And the company, which places workers at companies throughout America, is apparently lying to do so.  And the only reason the company got caught is a brave employee who risked his livelihood to blow the whistle.

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InfoSys: Powered by Visa Fraud & Stealing American Jobs, Wages

There is illegal immigration and then there is illegal “legal” immigration–when companies bring aliens to America “legally” for the purpose of illegally taking domestic American jobs.  Over the years, I’ve repeatedly noted how so many employers here in America scam the system, lying and cheating in order to replace hard-working Americans with aliens who do the same job for less.  In fact, there are so many such companies that game the system and deliberately violate work visa conditions, that law firms exist just to hold seminars advising them how to do it.  Federal government litigation against one such law firm investigated by ICE was resolved in the law firm’s favor, and the lawyers got away with openly advising Fortune 500 companies how to break the law. Unfortunately, B-1 visa fraud is rampant and hardly ever prosecuted.

Now, Infosys Technologies is committing visa fraud and improperly giving American jobs to aliens with visas meant for attending business conventions and fixing machinery. Congrats to Immigration and Customs Enforcement (ICE) agents who are on the case. And G-d bless Jack “Jay” Palmer, Jr. the InfoSys employee who refused to go along with the fraud and is not currently working, as a result. We need more–many more!–Americans like him, who put America and Americans first. And there is an important national security element, not mentioned in the article. Applicants for B-1 visas are not vetted nearly as closely as the already lax vetting for H1-B visas. We don’t know who these people are coming into America’s top companies and stealing American jobs and wages. And the government doesn’t really know, either.

U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.

The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.—instead of the appropriate, but harder to get, work visas—to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.

These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.

A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.

A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys’s U.S. offices. . . .

In a statement Tuesday, Infosys said it “received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas.” . . .

Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn’t disclose the identity of its clients.

The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.

The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.

The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack “Jay” Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.

The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each. . . .

For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. . . .

In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements. . . .

In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find “ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys’ stock,” according to the lawsuit. Infosys denies the allegation.

Later, according to Mr. Palmer’s complaint, he was asked to prepare letters in support of B-1 applications stating “the employee was coming to the United States for meetings, rather than to work at a job.”

After he refused to write such letters, Mr. Palmer was instructed “to keep quiet” by a manager sent from India who confirmed the violations, according to the suit—a claim Infosys denies.

Again, G-d bless, Mr. Palmer. He did the right thing by refusing to participate in this immigration scam. And he could lose everything for doing so.

Sadly, most Americans in his shoes would go along to get along.

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10 Responses

Wow! Risking everything and exposing the abuses. One can only imagine that there’s much more of this going on in a smaller scale that allows foreign Co’s to not only save money but have their friends or people of their own ethnicity take positions that locals are doing just as well at.

I wonder what the over & under is on this kind of activiy at other companies?

P. Aaron on May 26, 2011 at 2:05 pm

The rules don’t matter, they will continue to be violated. Corporations own both parties, that’s why they give them hundreds of millions of dollars every election cycle. And that’s why neither party will prosecute them when they are in charge of the executive branch, the law enforcement branch. That’s why nobody’s going to jail over the housing and banking bubble, too. The entire government is beyond repair. They are only now getting out of control, you haven’t seen anything, yet.

David Lanham on May 26, 2011 at 9:31 pm

And forget visas, look at NAFTA! That makes the visa story pale. Did anybody ever show that NAFTA wasn’t an illegal treaty that was supposed to have been ratified by 2/3 of the Senate? I guess the corporations wanted it, so the two parties gave it to them. I’ve never seen anyone dispute that premise. And we sit here and take it. And people keep voting for the two parties’ leadership-approved candidates. The corporate-owned candidates. And everybody gives people like Sarah Palin and Ron Paul hell. I don’t know who else you think is going to buck this system. Is there someone better you know of? Because I don’t see them. And if conservatives give their vote to another leadership-approved, corporate-owned Republican, they will just continue pretending that they’re trying to get a conservative agenda through, but they never will. If I hear Rush Limbaugh or Sean Hannity express disappointment that Republicans are “timid” one more time, my head will pop. The Reps and the Dems both know exactly what they are doing, they are both doing this to us on purpose!

David Lanham on May 26, 2011 at 9:43 pm

Respectable businesses are now becoming criminal enterprises. We do live in a cultural of corruption that is becoming ever more like that of any other Third World pest pit.

Worry01 on May 26, 2011 at 9:49 pm

Its kinda like getting a Green Card to work here.

Foreigners can short-circuit the system, often legally, and no one bothers to fix those loopholes.

Our visa system is broken down and corrupt. And ICE will tell you they have nowhere near the manpower to vet people fully, never mind deporting those who do overstay their visa or violate its terms.

Sadly, that won’t change cuz InfoSys was caught violating US law.

NormanF on May 26, 2011 at 10:10 pm

    Norman,

    i.c.e. wouldn’t know how to vet nor deport anyone in the first place because they’ve been nothing but inept robots cranked out of the legacy customs collective. They’re probably more adept at screwing up a wet dream or backstabbing those who don’t drink the kool aid.

    They’re a pathetic waste of the taxpayers’ money.

    IceNoMore on May 31, 2011 at 10:30 am

US companies like Microsoft, IBM, Deloitte, etc are also doing the cheap labor thing from offshore. I wouldn’t even call IBM a US company anymore…..they are stabbing America in the back…..how could you even trust them in time of war?

Not Ovenready on May 26, 2011 at 11:50 pm

This goes on right in front of our faces. I was watching
HGTV last night and the workers all looked to be
hispanic. I wanted to scream. It is even on television right in front of our faces. Would like to know the immigration status of these people.

cthelight on May 27, 2011 at 8:47 am

Debbie,

It is not only the jobs they take, it is business secrets that were developped over the years that they take with them to compete with us from abtoad. Unfortunately it was George W . Bush who thought od himself as a globalist not an American who initiated this trend.

G. R. SCHAROUBIM on May 27, 2011 at 12:25 pm

Personnaly I would not blame ICE but it’s incompetant leadership and our guvments inability to do their frakking job to ensure this disease called Illegal Migrating is stopped dead in it’s tracks. I for one don’t think for one minute our leaders don’t want to screw this country up so bad that they will instill martial law for the grand finale. Oh and that whinney ass mantra they just doing stuff real citizens don’t want to do is complete and utter horse shit.

Terry Morlan on October 20, 2011 at 2:41 pm

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