Bid to Revive H1B Visa Fraud Suit Falls Short in Second Circuit

Three whistleblowers couldn’t revive False Claims Act allegations that HCL Technologies Ltd. and HCL America Inc. underpaid taxes to the US government after securing visas for workers from India, the Second Circuit said Thursday.

A Connecticut federal district court properly determined that the whistleblowers failed to raise an adequate reverse false claim, which occurs when a defendant knowingly conceals or improperly avoids an obligation to pay the government, Judge Joseph F. Bianco of the US Court of Appeals for the Second Circuit in a decision affirming dismissal.

The whistleblowers alleged that technology company HCL had an obligation to pay its ...