Houston, TX LawFuel.com – Best Law Firm Newswire – September 11, 2013 – An IT professional in the U.S. recently filed a lawsuit in Wisconsin against Indian outsourcing company Infosys Ltd., alleging they discriminate in hiring based on race.
Infosys, as well as a number of other India-based IT outsourcing companies, has been criticized recently for not creating more jobs for U.S. citizens, in response to the push for an increase of the cap of the number of available H-1B visas. Congress is pushing for more IT companies in India to hire more U.S. citizens as employees, which would reduce the number of H-1B visas required. The Bill was passed by the Senate and is now with the Republican-heavy House of Representatives, where it is undergoing intense scrutiny.
“Though the number of H-1B visas may, in fact, be increased, there continues to be extreme scrutiny about the entire highly-skilled worker visa system,” commented Houston immigration attorney Annie Banerjee.
The complainant claims that Infosys rejected her for a position because she was not of South Asian descent. Infosys countered that there was no proof of a class-action treatment. Several other lawsuits were previously filed by former Infosys employees who claimed that Infosys had violated visa rules. One employee claimed that the company was using business visas for employees instead of temporary work visas, even though temporary work visas were more appropriate in light of the travel and work performed, as business visas cost considerably less money to procure.
At the time of this writing, the fraud allegations are still under investigation by the U.S. Department of Justice. Infosys has denied any wrongdoing. “These allegations, and others like them, are turning a spotlight onto what may be, in some cases, abuses of the system,” said Banerjee. “And more companies are scrambling to defend their application choices.”
An H-1B visa is usually appropriate for a specialty occupation which requires at least a Bachelor’s degree. The job description is required to show how the job opening is a “specialty occupation:” education and experience are imperative for the position.