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Visa abuse: US court dismisses whistleblower's suit against Infosys, Apple

IANS/San Francisco 15 Mar 19 | 01:40 PM

A US court in the state of California has dismissed lawsuit against Apple and Infosys over allegations that it abused the visa system to save money.

The California federal judge nixed a whistleblower's suit accusing Apple of bringing two trainers from India into the country using B-1 visas instead of the necessary and more expensive H1B, AppleInsider reported on Thursday.

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The lawsuit claimed that Apple and Infosys "conspired to have two Indian nationals enter the United States on a business B-1 visa to provide training at Apple in violation of immigration laws".

The suit, filed by Carl Krawitt who is a former contractor for Infosys, said the two trainers were brought in under the wrong visa and that Apple should have acquired the more expensive and numerically-capped H1-B visas for the pair.

A B-1 visa is used to allow non-immigrants enter the US for business purposes but on a temporary basis and with limitations.

The lawsuit claimed Infosys executives knew the company "lacked sufficient foreign nationals on H1-B visas to legally perform the classroom training sessions at Apple" that the company was contracted to provide, and that "only Indian foreign national workers on B-1 visas were available to perform services" for Apple at the time, said the report.

Apple, however, argued its trainer's activities were permissible under the B-1 visas.

"The court determined that the trainers' work under the B-1 visa was acceptable, and that neither Apple nor Infosys were attempting to commit fraud," the report noted.

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