New York Whistleblower News
The Infosys Corporation a global outsourcing and consulting company, agreed to pay $1 million for its failure to properly compensate hundreds of workers and to pay applicable taxes. Infosys Corporation has a significant presence in New York State and provides consulting and outsourcing services to many New York-based clients in the financial sector, among other industries. The settlement resolves whistleblower claims that Infosys Corporation, in the course of providing outsourcing services, routinely brought foreign IT personnel into New York to perform work in violation of the terms of their visas.
The H-1B visa is a non-immigrant visa that allows an employer to employ a foreign national temporarily in a “specialty occupation” in the United States. These visas are difficult to obtain: the application process is highly regulated and requires a submission that describes the intended occupation and specific geographic place of employment, and certifies that the salary of the proposed employee is commensurate with similarly employed United States workers. H-1B visa holders in New York are accordingly paid pursuant to prevailing wage requirements, and state taxes are withheld on salary earned while working in the State.