B-1/Visa Waiver entries after
Infosys after $34 Million fine
On October 30, the US Attorney’s office in Dallas, TX, and ICE in Dallas, announced at $34 Million settlement with Infosys, the IT consulting giant, for visa fraud and I-9 document violations. This was the largest immigration fine ever imposed by the US government in history. Those who claim that this administration is not serious about enforcement, should think again. This company is very substantial, but $34 Million is a huge fine.
In
that case, Infosys was accused of using the B-1 visa process in place of the
H-1B visa category, in order to bring IT workers to the US, assign them to long
term projects at significantly below market wages, and increase its profits as
a result. (These workers applied for B-1 visas because they were from
India, which does not enjoy Visa Waiver privileges, as many other countries
do.) Infosys continues to deny the allegations, but it appears that the
settlement was reached so that Infosys and its officers would not be charged
criminally. Infosys supplied these workers to a large number of third
parties in the US, none of which appear to have been charged.
Under current B-1 rules (that also apply to visa waiver entries), foreign nationals can enter the US for brief periods to attend business meetings with colleagues, to conduct business negotiations, to meet with potential customers and solicit contracts for work to be done outside the US, etc. They cannot engage in work that others would be paid to do.
Under current B-1 rules (that also apply to visa waiver entries), foreign nationals can enter the US for brief periods to attend business meetings with colleagues, to conduct business negotiations, to meet with potential customers and solicit contracts for work to be done outside the US, etc. They cannot engage in work that others would be paid to do.
In
addition, we
regularly assist US companies who are bringing employees to the US from related
companies outside the US, where
those foreign nationals are involved in a joint project between the two
companies. This kind of visit also is proper under the B-1/visa
waiver system. However, in this kind of situation, we recommend
that the foreign employee have an “entry letter,” sometimes called a “back pocket
letter,” to present if the employee is taken into Secondary Inspection at the
time he or she arrives at the airport in the US. At the very least,
the foreign company employee needs to be prepared to answer a number of
specific questions that can control the decision of the CBP officer, and can
determine whether the foreign company employee is allowed to enter the US, and
if so, for how long.
It
is more than a little unfortunate that the Infosys case arose at this time,
especially when we are hoping to see Congress enact immigration reform.
Whether the Infosys case will stop that debate is outside the scope of this
note. Two things are clear, however: first, the B-1/visa
waiver rules are still in place, which means that proper business visits are still
allowed under those rules. Second, CBP is going to be more vigilant
than before in considering requests to enter on the B-1/visa
waiver. Where foreign employees are coming to the US, it is
critical to prepare these employees for the discussion with CBP that is
certain to occur, and, in many cases, to give the employee a proper entry/back
pocket letter for use if the discussion becomes difficult or unpleasant.
If
we can assist you with this kind of entry, a support letter or other
immigration issues, please let us know.
Gerard M. Chapman
Chapman Law Firm
P. O. Box 1477
Greensboro, NC 27402
403-A North Elm Street
Greensboro, NC 27401
Phone: (336) 334-0034
Fax: (336) 334-0036
E-mail: gerrychapman@chapman-immig.com
Website: www.chapman-immig.com
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