Information technology company Cognizant Technology Corp. and a whistleblower demonstrated that a US appeals court should consider whether a False Claims Act suit alleging H-1B visa fraud can proceed, a Thursday district court order said.
The US Court of Appeals for the Third Circuit must decide, the parties argued, whether whistleblower Jean-Claude Franchitti adequately raised reverse false claims, which can occur when a defendant knowingly conceals an obligation to pay the government.
Franchitti contends that Cognizant deprived the government of fees by improperly applying for L-1 and B-1 visas, instead of the more expensive H-1B visas, for workers from ...