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 Subscribe to Bloggers speak out on BradReese.Com This brown company (Infosys) will have to prove its ability to follow the visa regimes of a white world (Cisco)? "An Indian engineer can be easily thwarted in his ambitions by the lack of a visa, while an American one is deemed deserving of infinite legal protections."
Hummelstown, PA: Sun, 12/1/13 - 11:59pm View comments
And where there's smoke, there's fire. How so? Well, according to a recent U.S. Immigration and Customs Enforcement (ICE) press release:
"Infosys billed clients for the use of off-shore resources when, in fact, work was being performed by B-1 visa holders in the United States."Infosys Limited, an Indian company involved in consulting, technology and outsourcing, has agreed to a record $34 million civil settlement based on allegations of systemic visa fraud and abuse of immigration processes, and also agreed to enhanced corporate compliance measures. The $34 million payment made by Infosys as a result of these allegations represents the largest payment ever levied in an immigration case."Again, where there's smoke, there's fire! For example, 3-months ago I blogged that for the first time in Cisco's history its overseas headcount outnumbered its United States headcount. And according to the New York Times: "The H-1B visa program has become a vehicle for accelerating the pace of offshore outsourcing of computing work, sending more jobs abroad. Holders of H-1B visas do the on-site work of understanding a client's needs and specifications — and then most of the software coding is done back in India. "Information technology offshore outsourcing has just swamped the H-1B program in recent years. The list of the top 10 companies requesting H-1B visas was dominated by Indian-based technology outsourcing companies like Infosys Technologies. "The major outsourcing companies, while seeking thousands of H-1B visas, are asking for relative handfuls of green cards, according to government figures. "Who point to the crucial role that the H-1B visa program plays in the fast-growing global outsourcing industry... 'It has become the outsourcing visa,' said Kamal Nath, the commerce minister of India." Infosys has now settled its B1 visa issue by agreeing to pay a record $34 million civil settlement (page 9): "Infosys agrees to pay a full settlement amount of $34,000,000. The payment shall be made within thirty days of the execution of this Agreement. Payment shall be made as follows:
The Infosys civil settlement continued (page 11): "G. Infosys agrees that it committed civil violations of 8 U.S.C. § 1324a(a)(1)(B) as alleged in part II.D of this Agreement, and agrees to cease and desist from any further violations of 8 U.S.C. § 1324a. Infosys understands and agrees that these violations will be considered 'previous violations' pursuant to 8 U.S.C. § 1324a(e)(5), and that any future violations of 8 U.S.C. § 1324a(a)(1)(B) may be subject to enhanced penalties."
Brown workers and white whiners: The InfoSys visa fraud case "A now chastised Infosys that employs 15,000 people in the United States is likely to be far more careful in the future. Notwithstanding the many (and far more artful) crimes of corporate America, this brown company will have to prove its ability to follow the visa regimes of a white world. "For countries birthing brilliant brown minds, relying on their brains and merit to participate and get ahead in world of corporate technology, the Infosys settlement is a setback.
"An Indian engineer can be easily thwarted in his ambitions by the lack of a visa, while an American one is deemed deserving of infinite legal protections."A brown company favoring brown workers is deemed discriminatory; the white whistleblower deemed worthy of millions in reparations."The brown workers are all sly and deceptive lawbreakers, guilty of trying to overcome the terrible misfortune of being born with a passport that does not allow them to flit here there and everywhere on the globe. Jack Palmer with his millions is the hero of the story; Infosys is the villain. "All of it is yet another example of the global class system of workers, where the white, the western, are ultimately and always the lucky and the deserving — and now also the victims." Related documents: Related stories: Dawn: Brown workers and white whiners: The InfoSys visa fraud case New York Times: Deal Reached in Inquiry Into Visa Fraud at Tech Giant The Wall Street Journal: Infosys Faces Second Suit Over Use of Visas For the first time in history the Cisco overseas headcount now outnumbers the U.S. headcount New York Times: Parsing the Truths About Visas for Tech Workers
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