L&T Technology To Pay $9.9 Million To Resolve Visa Fraud Allegations
The firm acquired inexpensive B-1 visas rather than the more expensive H-1B visas in alleged violation of the False Claims Act.
L&T Technology Services Ltd. has agreed to pay $9.93 million, or Rs 81.4 crore, to the U.S. Department of Justice to settle allegations of underpaying visa fees between 2014 and 2019.
The company acquired inexpensive B-1 visas rather than the more-expensive H-1B visas in alleged violation of the False Claims Act, the department said in a statement on Monday.
B-1 visas generally do not permit visa holders to perform paid labour while in the U.S. During the time period in question, fees for B-1 visas were between $200 and $300 approximately (Rs 16,398 and Rs 24,597, respectively), and there was no limit on the number of B-1 visas that could be issued, the department said.
Although H-1B visas permit foreign nationals to perform paid labour, the visa fees for such work visas were between $4,000 and $6,000 approximately (Rs 3,27,971 and Rs 4,91,948, respectively).
Such visas are more difficult to obtain because they are limited by an annual cap of 65,000 for foreign nationals, with the equivalent of a Bachelor's degree in an occupation requiring highly specialised knowledge. There are an additional 20,000 H-1B visas annually for those in such occupations with a Master's degree or its equivalent, it said.
"The U.S. Attorney's Office will hold accountable those who skirt this country's visa requirements," Adair F Boroughs, the attorney for South Carolina, said. "Our immigration laws are intended to protect American jobs for American workers, and we will continue to work with our law enforcement partners to ensure companies securing work visas for foreign nationals strictly comply with those laws."
The investigation leading to this settlement was initiated through the filing of a whistleblower complaint in the district court in Charleston.
The claims resolved by the settlement are allegations only, and there has been no determination of liability, the statement said.
L&T Technology has denied liability and the company is cooperating with the U.S. in this matter and has taken significant steps to ensure compliance with the visa laws, the department said.
