New York: Infosys on Wednesday said trial of a case related to visa fraud allegations levelled by its former employee Jack Palmer would start on August 20 in the US court, following failure of mediation process between the two parties.
"Despite Judge Coody's earnest attempts to help both parties forge a settlement, today's mediation hearing was not successful. Our sights are now set on presenting the facts of this case in open court on August 20," an Infosys spokesperson said.
As part of efforts to settle the case, the US federal judge Charles S Coody had called for mediation process between Infosys and Palmer on July 24. Mediation talks were suggested after the judge heard Palmer's visa fraud allegations against Infosys.
Mediation is a standard procedure before the trial of any civil case and gives an opportunity to settle the matter out of court.
Palmer has alleged that he was asked by the firm to sign on documents which said workers were heading to the US to have meetings rather than to work there, which he said was done to "creatively" overcome H1-B visa caps.
He has also alleged the Indian workers on his team were paid substantially less than an American would have made in the same job.
According to Palmer, when the US State Department began to limit the number of H-1B visas, Infosys began using another type of visa, the B-1.
B-1 business visas are intended for short-term uses, such as consulting with business associates, attending business conventions or negotiating contracts. H-1B visa, on the other hand, is a non-immigrant visa, which allows US employers to temporarily employ foreign workers in speciality occupations.
Infosys has already received a "subpoena" from a Grand Jury in the US District Court for the Eastern District of Texas to provide certain documents and records related to the company's sponsorships for, and uses of, B1 business visas.
A subpoena is a writ issued by a court of justice requiring a person to appear before the court at a specified time.
Palmer also alleged that Infosys had subjected him to harassment and retaliation, which Infosys has so far denied.
Earlier this year, Infosys had informed US market regulator SEC that in the event that "the US government undertakes any action which limit the B1 business visa programme or other visa programme that we utilise, this could materially and adversely affect our business and results of operations".
First Published: Wednesday, July 25, 2012, 16:26