Alleged large-scale visa fraud at Infosys could actually be legal
Infosys was recently alleged to have illegally utilized B-1 visas instead of H-1Bs and to have illegally withheld requisite U.S. taxes.
However, Infosys’ actions re: the non-payment of federal or state income taxes, and the use of B-1 visas instead of H-1Bs could be justified: see Foreign Affairs Manual notes at 9 FAM 41.31 N11, N11.1 9 FAM 41.31 N11, N11.1 regarding B-1 visa use in leiu of H-1Bs. If a B-1 worker and the position qualify under the enumerated provisions, they are not to be paid a salary in the US, instead, they are to be paid in overseas funds by the Infosys India. Therefore it may be that Infosys cannot legally pay the taxes which are at the heart of the controversy. As for the use of B-1 visas instead of H-1Bs, it is allowable under certain circumstances which are not elaborated upon in the linked story.
Per 9 FAM 41.31 N11, “ALIENS NORMALLY CLASSIFIABLE H-1 OR H-3”,
“There are cases in which aliens who qualify for H-1 or H-3 visas may more appropriately be classified as B-1 visa applicants in certain circumstances; e.g., a qualified H-1 or H-3 visa applicant coming to the United States to perform H-1 services or to participate in a training program. In such a case, the applicant must not receive any salary or other remuneration from a U.S. source other than an expense allowance or other reimbursement for expenses incidental to the alien’s temporary stay. For purposes of this Note, it is essential that the remuneration or source of income for services performed in the United States continue to be provided by the business entity located abroad, and that the alien meets the following criteria:
(1) With regard to foreign-sourced remuneration for services performed by aliens admitted under the provisions of INA 101(a)(15)(B), the Department has maintained that where a U.S. business enterprise or entity has a separate business enterprise abroad, the salary paid by such foreign entity shall not be considered as coming from a “U.S. source;”
(2) In order for an employer to be considered a “foreign firm” the entity must have an office abroad and its payroll must be disbursed
abroad. To qualify for a B-1 visa, the employee must customarily
be employed by the foreign firm, the employing entity must pay the employee’s salary, and the source of the employee’s salary must be
abroad…”
Also, 9 FAM 41.31 N11.1 “Incidental Expenses or Remuneration” indicates,
“A nonimmigrant in B-1 status may not receive a salary from a U.S. source for services rendered in connection with his or her activities in the United States. A U.S. source, however, may provide the alien with an expense allowance or reimbursement for expenses incidental to the temporary stay.
Incidental expenses may not exceed the actual reasonable expenses the alien will incur in traveling to and from the event, together with living expenses the alien reasonably can be expected to incur for meals, lodging, laundry, and other basic services.”
Bloomberg BusinessWeek Article – H-1B Visas: A Modest Proposal for Immigration Reform
My comments on “Steamboat family hoping for changes to citizenship regulations” – Article by Mike Lawrence of Steamboat Today
09/25/2010
As indicated above, affected individuals do have the option to change their status/obtain a different visa, F-1 (student) for example, which is a popular option in these situations. F-1 status would serve as a good option for Mr. Dennis, who presently attends the
University of Colorado in Boulder. Mr. Lawrence does mention the student visa option, but states that “…under current law [Mr. Dennis] would have to return to England…” and that once there, “…current law states he would have to develop strong ties there — through property ownership or employment, for example — before a potential return to CU on an international student visa…”To summarize, Mr. Lawrence appears to incorrectly indicate that only two potential solutions exist for Mr. Dennis’ dilemma,
Mr. Lawrence has not included the best option for Mr. Dennis,
“A losing game” – article by Bharat Jhunjhunwala of The Deccan Herald
Interesting article by Mr. Jhunjhunwala of the Deccan Herald, explores the potential for fallout as a result of the recent H and L petition fee increases.
Roy Germano’s New Documentary: “The Other Side of Immigration”
Article by Associate Professor at the John Marshall Law School Colin Miller regarding impeachment of witnesses using immigration status.
AILA Praises Decision by Attorney General to Withdraw Matter of Compean
VIA AILA
FOR IMMEDIATE RELEASE:
Wednesday, June 3, 2009
CONTACT:
George Tzamaras
202-507-7649
gtzamaras@aila.org
ATTORNEY GENERAL HOLDER RESTORES DUE PROCESS FOR IMMIGRANTS INJURED BY INEFFECTIVE REPRESENTATION:
AILA praises decision by Attorney General to withdraw Matter of Compean.
WASHINGTON, DC – The American Immigration Lawyers Association (AILA) welcomes the restoration of due process in the Immigration Court system. Attorney General Eric Holder today withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning. AILA is grateful for this restoration of a basic constitutional process—Due Process, in the immigration court system.
AILA commends Attorney General Holder for living up to his word, and for his clarity of understanding of not only the constitutional principle of due process, but also for the boldness with which he acted today. “The restoration of the prior standard for claiming ineffective representation in immigration court proceedings is a welcome sign that the Obama administration understands that the rights that apply to the least of us, apply to all of us,” said Charles H. Kuck, president of AILA. “By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures. Today’s action, along with the other positive signs from the Administration signal that a restoration of our most sacred principles of justice has begun.”
###
The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
All Signs Point to Immigration Reform this Year: AILA Optimistic that the President and Congress will Push for CIR this Year
VIA AILA.org
Wednesday, April 30, 2009
CONTACT:
George Tzamaras
202-507-7649
gtzamaras@aila.org
WASHINGTON, DC – The American Immigration Lawyers Association (AILA) is encouraged by events of the past 24 hours as President Barak Obama renewed his Administration’s pledge to pursue comprehensive immigration reform, the Department of Homeland Security’s (DHS) announced its intention to recalibrate its worksite enforcement actions to focus more on criminal prosecutions of employers who knowingly hire unauthorized workers, and the Senate Judiciary Subcommittee on Immigration, Border Security and Citizenship led by Senator Charles Schumer (D-NY), commenced hearings to examine common sense solutions to fixing America’s broken immigration system.
AILA commends Chairman Schumer for sounding the starting gun with an outstanding first hearing. Two expert-laden panels of witnesses made a highly compelling case – covering the moral, economic, business, labor, security and law enforcement angles – for the need to advance immigration reform legislation this year. “The stars seem to be aligning for a major push toward comprehensive immigration reform this year,” said Charles H. Kuck, president of AILA. “Momentum continues to build as more and more of our elected leaders understand that tackling and solving our current immigration crisis will only help strengthen America’s economy and security. The events over the past two days signal that this Administration and Congress get it and will not let this opportunity to finally bring the nation’s legal immigration system into the 21st century pass them by.”
AILA is pleased that DHS is taking steps to restore balance and rationality in its enforcement priorities. Mr. Kuck expressed hopes that the new DHS statement of policy addresses pivotal due process concerns, saying “a retooling of enforcement activities must, first and foremost, ensure the right to counsel of any employees caught up in these actions, and limit or eliminate the abusive practice of transferring detainees away from their communities, families and attorneys. These are indispensable elements of a fair and just system.”
###
The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
AILA Welcomes Introduction of the DREAM Act in Congress
FOR IMMEDIATE RELEASE:
Thursday, March 26, 2009
CONTACT:
George Tzamaras
202-507-7649
gtzamaras@aila.org
WASHINGTON, DC — The American Immigration Lawyer Association (AILA)
welcomes the introduction today by Senators Dick Durbin (D-IL) and
Richard Lugar (R-IN) and U.S. Reps. Howard Berman (D-CA) and Lincoln
Diaz-Balart (R-FL) of the Development, Relief and Education for Alien
Minors Act, commonly known as the DREAM Act. The legislation gives
thousands of young immigrants, who have grown up in the United States
an opportunity to pursue the American dream. The DREAM Act is a humane,
rational solution to a bedeviling problem: a generation of undocumented
kids who are coming of age without any prospects to advance their lot
in life.
“Enabling these educated, young adults to secure legal status is not
only good for them, but also for the communities they live in, and for
America,” said Charles H. Kuck, president of AILA. “The DREAM Act
allows high achieving students, some of the best and the brightest of
the next generation, to receive the chance for higher education or
military service, and the opportunity to contribute to America in a
strikingly productive way. Even in a downturn, our economy continues to
need a highly educated workforce and those willing to serve; those with
more education contribute more to the tax base and the growth of the
U.S. economy.”
AILA believes that the DREAM Act must be a central component of
comprehensive immigration reform. Annually, an estimated 65,000
undocumented young people who have spent their childhoods in America
would be impacted by this important piece of legislation. Undocumented
immigrant children would obtain citizenship by meeting certain
criteria: They must have come to the U.S. before they turned 16, be
under the age of 30, have lived in the U.S. for at least five years,
graduated from high school or passed an equivalency exam, have “good
moral character” and either attend college or enlist in the military
for two years.
“This bill is another sign that the anti-immigration tide is
shifting on Capitol Hill towards an actual fix of broken immigration
system and it renews hope for a push towards comprehensive reform,”
concluded Kuck.
###
The American Immigration Lawyers Association is the national
association of immigration lawyers established to promote justice,
advocate for fair and reasonable immigration law and policy, advance
the quality of immigration and nationality law and practice, and
enhance the professional development of its members.
Will Scapegoating Foreign Professionals Worsen Economy? – Via ImperialValleyNews.com
Via ImperialValleyNews.com
“San Diego, California – As the economy spiraled downward, it was only a matter of time before someone started pointing fingers at immigrants. Always an easy target, even if reality says otherwise. This time around, it’s the professionals in H-1B status, who, according to a recent, poorly researched, and distorted Associated Press story, somehow manage to earn more than native-born workers and earn less than them at the same time. “
Continue Reading
Li: Quotas still hurt U.S. – Via Yale Daily News
Via Yale Daily News
Article by Mr. Robert Li
Mr. Li shares his views on the large number of obstacles an international student has in obtaining employment in the US.
The U.S. Immigration Law Blog by Ashwin Sharma 
The Unauthorized Population Today
via www.immigrationpolicy.org
“Recent estimates from the Pew Hispanic Center and the Department of Homeland Security (DHS) indicate that the number of unauthorized immigrants in the United States has remained unchanged at roughly 11 million since 2009. This comes after a two-year decline of approximately one million that corresponded closely to the most recentrecession, which ran from December 2007 to June 2009. Despite that decline, the new data make clear that the current population of unauthorized immigrants is very much part of the social and economic fabric of the country. Three-fifths of unauthorized immigrants have been in the United States for more than a decade. Unauthorized immigrants comprise more than one-quarter of the foreign-born population and roughly 1-in-20 workers. Approximately 4.5 million native-born U.S.-citizen children have at least one unauthorized parent. While the largest numbers of unauthorized immigrants are concentrated in California and Texas, there also are sizable unauthorized populations in Florida, New York, New Jersey, Illinois, Georgia, North Carolina, and Maryland. In short, unauthorized immigrants who are already in the country have become integral to U.S. businesses, communities, and families.
The size of the unauthorized population has remained unchanged at roughly 11 million since 2009.”
Continue reading article