Whistleblower Harassment Case Dismissed

A judge has dismissed a whistleblower harassment case against Indian outsourcing company Infosys Technologies despite ongoing investigations of alleged U.S. visa fraud that arose from the complaint. The case arose after Infosys consultant, Jack Palmer, claimed he was harassed after calling attention to what he believed was systemic U.S. visa fraud.

Infosys denied the charges and welcomed the judgment in the case which was filed in 2011.

The judgment does not address the allegations of visa fraud, which are now being investigated by the Department of Homeland Security and the federal grand jury.

The judge said threatening phone calls and anti-American statements directed at Palmer were “deeply disturbing” but did not rise to the level of harassment as defined by Alabama state law.

In February, Palmer found a note on his computer that read: “Jack: Just leave your not wanted here hope your journey brings you death stupid American.”

According to the Washington Post, Infosys is also fighting a second whistleblower case in a California court, filed by a former employee who said he was harassed and threatened after alerting Infosys managers and the U.S. Department of Homeland Security to visa misuse.

U.S. immigration lawyers in Thailand note that visa fraud in Thailand is a serious offense that can lead to federal felony charges. Cases of visa fraud normally arise when visa applicants and petitioners misrepresent the facts or the true objective of a visa application. For instance, creating a false marriage for the purpose of an alien working in the U.S. on a marriage visa is a common criminal case.