Current, Former Infosys Workers Come Forward in Visa Fraud Case

Don Tennant

In a development that may illustrate the pervasiveness of the visa fraud alleged by Infosys Technologies employee and whistleblower Jay Palmer, current and former Infosys employees have contacted Palmer and his attorney to inform them that they, too, have witnessed what they claim to be illegal activity on the part of Infosys.


Palmer's attorney, Kenny Mendelsohn, told me on Tuesday that around 10 current and former Infosys employees had approached either Palmer or himself to provide information in support of the visa and tax fraud allegations contained in Palmer's lawsuit against Infosys:

There are some employees that have attorneys - some are looking at possible claims. Some just want to disclose information that they have about specific violations. There are about 10 that have information that supports Jay's claims. These are people who have witnessed violations relating to the B-1 program and the H-1 program at Infosys. They have provided me with information that will help me further prove it. [They're] informing me about documentation that I can obtain once we get into the discovery stage of the lawsuit. I don't have at this time any specific documents from them, but I do have information that will help me obtain some critical documentation that will further support the case. It gives me the names of more people I can contact who can provide information, to either have them arrange to testify or subpoena them if they don't cooperate. But there are certain people I now know about who can confirm more violations. It's been very informative to me, I can say that.

Infosys' motion for the case to go to arbitration rather than federal court, to which Mendelsohn has filed an objection, is pending before a federal judge in Alabama. Once that decision is made, the discovery phase of the proceedings can begin, Mendelsohn said. Regardless of whether the case goes to arbitration or federal court, some of the employees who have reached out to Mendelsohn are prepared to testify against Infosys:

I've had a couple who have said they can't get involved. But some of the others have indicated to us that if they are subpoenaed, they will testify truthfully. I can't force out-of-state witnesses to come to court in Montgomery, Alabama. But there is a procedure where I can subpoena an unwilling person to testify in their home state, or the willing ones to testify in their home state if they're not willing to come here. So yes, there are methods to depose out-of-state witnesses. If it's arbitration, we have to go about it a slightly different way, but it's still the same effect.

It's encouraging that despite the harassment and retaliation they've seen Palmer subjected to since he filed the whistleblower complaint and ultimately the lawsuit, some other Infosys employees have had the guts to come forward. Whether they were inspired by the remarkable courage Palmer has shown throughout his ordeal, or simply felt compelled to do the right thing, they are to be commended. Hopefully, they'll inspire others to do the same.

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May 11, 2011 5:29 AM Richard Richard  says:

Irrespective of any proceedings, I want Infosys to get punished for its wicked deeds. If not, it will go uncontrolled in its illegal activities in the software industry. The punishment should be sever enough to deter other Indian companies from getting into any kind of corporate mal-practices

May 11, 2011 5:57 AM Jeremy Jeremy  says: in response to Richard

Ah so...

May 11, 2011 7:55 AM BT1024 BT1024  says:


Thank you for efforts in continuing to research and report on the Infosys case and all related "sub-topics"....  I would like to keep following this case to the end - and it seems that you are the only one continuing coverage on the story...

On one of the "sub-topics", a reader (I believe it was "Su") kind-of questioned your integrity because "Su" hasn't seen any other reports in the media related to the topics you are writing about - Well, as most of us know, the popular media fails to report on any "happenings" in the H-1B/L1/B-1 etc, visa world, unless it's the popular story about needing more immigrants... Most of the popular media articles that I have read, regarding our Visa programs, are always "one sided" and fail to report on all facets of the story.


Thanks again for your continuing coverage...


May 11, 2011 8:19 AM Don Tennant Don Tennant  says: in response to BT1024

Thanks for the sentiment, I appreciate it. I'm fortunate to have a blog on a site with editors who feel strongly that this case warrants the focused coverage I'm giving it. Jay Palmer's story needs to be told, and I'm glad to be able to play a part in ensuring that happens.

May 11, 2011 12:59 PM R. Lawson R. Lawson  says:

"It's encouraging that despite the harassment and retaliation they've seen Palmer subjected to since he filed the whistleblower complaint and ultimately the lawsuit, some other Infosys employees have had the guts to come forward."

I agree.  This is very encouraging. 

I believe that the government should also offer permanent residence to any H-1b employee willing to testify against their employers in a criminal case that way the company isn't holding that over their heads. 

The precarious position that immigrants are in make it very difficult for them to report or testify against the very organization sponsoring them for their visa.  Yet another reason that corporations should have no role in the immigration process - it gives them leverage that they should not have and protects them from potential whistle blowers.

May 12, 2011 3:12 AM Justin Justin  says: in response to Don Tennant

Thanks for bringing this case to the forefront.

In true spirit of jousrnalism, please provide unbiaseda and substantiated facts rather than going by what Mr. Mendelsohn says.


May 13, 2011 2:56 AM Investor Investor  says: in response to Don Tennant

The article in India's number 1 business newspaper highlights how a could be Insider from Infosys or a mystery seller who may have got whiff before hand sold 3 lakh shares of Infosys just a day before the quarterly results in gross violation of Insider Trading Rules . Since Infosys ADR is listed on the NYSE and NASDAQ stock exchange and the ADR suffered a 10% drop on single day due to this fraud activity , I believe Federal agencies should get engaged in finding out the truth about this criminal activity and bring the violators to justice as this has affected the investor trust both in USA and India .

May 13, 2011 4:11 AM Wakjob Wakjob  says:

Looks like old DOn is finally noticing which way the wind is blowing Visa Fraud is RAMPANT in IT in the USA AND these foreign workers we are importing are keeping Americans out of the workforce deliberately.

May 13, 2011 4:17 AM Wakjob Wakjob  says: in response to BT1024

It will be interesting to see if there are any crimonal convictions out of this and if the news media even reports on it at all. The media loves talking about jobs but they won't talk about the 100,000 anti-American foreign workers we keep flying in every month to take jobs that belong to Americans.

I suggest everyone read Title 8, Section 1182 INADMISSIBLE ALIENS which clearly states ALL foreign workers are INADMISSIBLE to the USA if they negatively impact the wages and working conditions of American workers. Wouldn't you say 20% unemployment is "adversely affecting the wages and working conditions of American workers".

Every single one of these foreign InfoSys workers is working here illegally! US citizens DO have first rights to all American jobs. IT'S THE LAW.

May 18, 2011 11:07 AM cblack cblack  says: in response to BT1024

That is because of the web of connections and linkages behind this industry. Don Tennant should also look at organizations like TiE (The Indus Entrepreneurs), India's NASSCOM etc and their ties to specific people holding public offices, in universities, and in media companies too!  For an example of how things work you have here a criticism of to who the Infosys prize 2009 was awarded. There are many pathways which feed and support these networks.


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