By Bruce Buchanan, Sebelist Buchanan Law PLLC

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Infosys, an Indian IT services company, has agreed to pay $1 million to settle an investigation by New York Attorney General Eric Schneiderman into its visa violations. Infosys failed to obtain the appropriate visa for foreign workers employed in New York. Infosys’ foreign workers held temporary B-1 visas instead of H-1B work permits. Visitor (B-1) visas are not subject to a cap and are much easier to obtain than H-1B visas.

The foreign nationals, holding B-1 visas, were not paid the prevailing wage that H-1B workers must be paid. Thus, New York stated Infosys owed taxes on the higher wages that should have been paid to Infosys employees and that its employees were in violation of their visa terms. Infosys stated the investigation centered on alleged paperwork errors and denied wrongdoing.

As readers may recall, in 2013, Infosys paid $34 million to the federal government to resolve allegations that it committed visa fraud and I-9 violations. The New York matter was an outgrowth of the same misdeeds of Infosys.