A federal judge is expected to shortly rule on a plea by Infosys to appoint an arbitrator to settle the dispute with its US-based employee who has taken the company to court on alleged visa fraud.

“We are waiting on the judge to rule on Infosys' motion to have an arbitrator decide the case rather than the federal judge and jury,” Mr Kenneth J. Mendelsohn of Jemison & Mendelsohn who is representing US-based Infosys employee, Mr Jack Palmer, told Business Line in an email response.

Infosys, however, did not confirm whether it has sought the help of an arbitrator stating that it will not comment as the case was still in the court.

Mr Mendelsohn said it was up to Infosys whether it wants to settle the case out of court or have a public trial.

He said that Infosys is not being targeted because of its position as a well-known Indian software services company but for its alleged violations of visa norms.

“That perception is not accurate. The US authorities will arrest and prosecute anyone who violates our laws,” said Mr Mendelsohn.

He also referred to a letter written by US Secretary of State, Ms Hillary Clinton, to Senator Charles E Grassley recently.

Ms Clinton has assured the senator that the foreign affairs manual which has a note regarding the B-1 (business visa) in lieu of H-1B (work permit) visa might either be removed or substantially amended.

Mr Mandelsohn said that Mr Palmer had, in fact, forwarded a plan to Infosys to correct its visa violations but the company instead withheld his bonuses as well as placed him on the bench.

“The reason why the US authorities are aggressively investigating Infosys and Infosys' violations are getting so much publicity is that Mr Palmer is the first person who has had the courage to stand up and report these crimes. If employees of other companies would come forward and provide evidence of visa and tax violations as Mr Palmer has done, I am sure the authorities would investigate those companies as well.”

B-1 misuse

Stating that he had information about companies other than Infosys also involved in B-1 misuse, Mr Mendelsohn said that he didn't have full knowledge yet of on Infosys' own alleged misuse of B-1s.

“I do not have a number yet. I hope to be able to obtain this information from the State Department and clients of Infosys,” he said.

An Infosys spokesperson, however, refused to comment on Mr Mendelsohn's charges.

The lawyer said that Mr Palmer followed Infosys' own ‘Whistleblower Policy' by reporting the violations to Infosys and to the federal criminal authorities. Infosys might have to pay substantial penalties if the US court rules in favour of Mr Palmer.

He said: “The simple solution is for Infosys and other companies to start obeying the US visa laws. I am confident that the State Department and Homeland Security are taking steps to better enforce our visa laws.”

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