Company Fined $34 Million for Violating I9 Forms

The Department of Justice (DOJ) announced last week that it has fined Infosys Limited (INFY) $34 million for violating immigration-related status on I-9 forms.

The technology, consulting and outsourcing company based in India has been under investigation by the DOJ since May 2011, when it received a subpoena ordering Infosys to disclose records pertaining to its B-1 Visa practices (B-1 Visas are considered temporary Visas for business visitors, and provided only if the activities are of a commercial or professional nature in the United States).

The suit claims that Infosys “Failed to maintain I-9 records for many of its foreign nationals in the United States in 2010 and 2011 as required by law, including widespread failure to update and re-verify the employment authorization status of a large percentage of its foreign national employees.”

Infosys has taken steps to improve its I-9 process, first by phasing in a new electronic I-9 system to replace the older “hard copy” system. The company also enrolled and began using the E-Verify system in 2011. This system validates and authorizes an applicant’s work authorization electronically through the Department of Homeland Security.

However, an Immigration & Customs Enforcement (ICE) audit revealed that more than 80% of Infosys’s I-9 forms for 2010 and 2011 contained substantive violations.

The settlement stipulates that $5 million will be paid to Homeland Security Investigations, $5 million to the Department of State, and $24 million paid to the Department of Justice.