Deceptive Practice by Infosys on obtaining B1 Visa

Even though all the employee and employer are aware of working in Business Visa is illegal, plenty of the Infosys employees in India come to United States on B1 Visa and work – in the lure of gaining extra money.

 

People at that level have two options. Option A is you are given $145 a day. For the first $100 you would have to produce receipts, but you wouldn’t have to produce receipts for the remaining $45. Option B is $90 a day, no questions asked, no receipts required. And during that time, they continue to draw whatever salary they were getting in India. … If a junior analyst or programmer gets the opportunity to be in the United States for three months, and takes Option B, that’s $90 a day for 90 days, or $8,100. That’s an interesting amount of money for these guys. … Infosys doesn’t have to force people in India to come to the United States. They have more people than they need who would come to the United States, who would do that – that’s a good amount of money.

Because of the state of Indian economy, many people opt to work in United States, even though the living condition of B-1 workers here in not great, that’s the choice they make to save money. They are not concern of the US Immigration law by USCIS for each visa. As mentioned above for 3 month they make $8000 which is equal to 4 lakh rupees plus current Indian salary which is a huge saving for individual.

 
One of the former manager of Infosys in Bangalore started working right out of college, learned fairly when he had come to United States.

To be honest with you, looking at the companies based out of India, Infosys is probably one of the best places to start working. They do a lot of good things. But when it comes to the United States, they behave a little differently. The general attitude I have seen there is they don’t really care if they do something wrong that hurts the U.S. economy or people in the United States. For them, as long as they’re doing something that brings in money to India, and helps people in India to earn money, somehow they think everything’s fair as long as that’s done.

What is a TN Visa?

TN visa also called as Trade NAFTA(North American Free Trade Agreement) visa is a special non-immigrant visa in the United States, uniquely for the citizens of Mexico and Canada. The immigration related provisions of NAFTA cover four categories of business persons from Canada and Mexico, who are seeking entry into the United States:

• TN Professionals.
• B-1 temporary business visitors.
• E traders and investors.
• L-1 intracompany transferees.

The following requirements must be satisfied in order to obtain a TN visa:

• The applicant must be a Canadian or Mexican.
• The designated profession must be approved by NAFTA.
• The applicant should possess the required educational credentials.
• The applicant should have an offer letter from the U.S. or Canadian or Mexican employer.
• The job should be temporary with a maximum stay of three years.

Procedure for Canadians to obtain TN visa
According to NAFTA, Canadians can enter the United States even without an approved USCIS petition. At the port of entry Canadians are required to submit the document stating that they are engaged in one of the designated professions and that they have acquired the required educational credentials to qualify in the listed profession.

Procedure for Mexicans to obtain TN visa
Mexican immigrants who are seeking TN status must apply directly to a U.S. consulate for TN visa. Form January 1, 2004, employers who are seeking to hire Mexican professionals in TN category are no longer required to obtain Labour Condition Application(LCA) from the Department of Labor or file Form I-129, non-immigrant worker petition with the USCIS.

TN visa holders can stay in the United States for the period of time required by the employer, upto three years at a time. They can receive extension of stay in one year increments. The only limitation on the duration of stay for TN professionals is, the purpose of the stay must continue to be temporary. Mexican and Canadian professionals who are already in the United States can apply for TN status by filing Form I-129.

The spouse and unmarried children of TN visa holders will be admitted in TD (Free Trade Dependent) status in the United States. The family members of TN professionals cannot engage in employment unless they are independently qualified but they can undertake courses of study in the U.S. while remaining in TD status.

TN visa has certain advantages over the other non-immigrant visas:

• The process of obtaining the visa is quick.
• It is valid upto three years.
• Canadians can obtain the visa at the port of entry.
• There is no upper limit on the number of TN visas that are issued every year.
• Very helpful for employers who want to hire an employee quickly.
• The visa can be renewed indefinitely.

TN visa has certain disadvantages over the other non-immigrant visas:

• It is valid only for certain occupations.
• Mexicans must apply at the U.S. consulate for TN visa and then enter the United States.