Facts

Carl Krawitt filed suit on behalf of the United States against Infosys Technologies Limited Inc. and Apple Inc. in relation to defendants' immigration and visa procedures used for their employees.

PLAINTIFF'S CONTENTIONS: Krawitt claimed defendants defrauded the federal government by falsely claiming Indian foreign nationals were qualified for less expensive immigration visas, falsely claiming Indian foreign nationals were not being paid for work, and by having Indian foreign nationals perform work U.S. citizens could perform instead. Krawitt alleged defendants created fraudulent letters and falsely described the work certain Indian foreign nationals performed in the U.S., and hid their scheme from the government. Specifically, Krawitt alleged the relevant Indian foreign nationals used B-1 visas instead of more expensive, necessary H1-B visas.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations of improper immigration practices and claimed the B-1 visas were appropriate for the work to be performed by the Indian foreign nationals at issue.

Result

The court dismissed the case, finding there was no evidence that the Indian foreign nationals at issue used the incorrect visas. The court noted ambiguity existed in the proper uses of the B-1 visa, and it could not find defendants knew or were willfully blind to the correct uses of B-1 visas.