Infosys in talks with US DOJ over H-1B employee classification probe

Infosys has said it is in talks with the US Department of Justice over an investigation into how the company classified certain H-1B visa employees in immigration documents filed with US government authorities.

“The US Department of Justice (“DOJ”) is conducting an investigation regarding how the Company classified certain H-1B visa-recipient employees in immigration documents filed with certain US government authorities,” Infosys said in its financial statements for the quarter and half-year ended September 30, 2026.

“The Company is engaged in discussions with the DOJ regarding its ongoing investigation and continues its own inquiry regarding the matter,” the company said.


Infosys said it could not predict the outcome of the investigation, including whether it could have a material adverse effect on its business and results of operations.

Why is Infosys under investigation?

Infosys has not disclosed the number of employees involved, the immigration documents being examined or the specific classification issue under investigation.

The tech services company had first disclosed the DOJ investigation in a July 2025 filing and repeated it in its September 2025 quarter filing. The earlier disclosures said the employees were working for one of the company’s clients, but did not identify the client, the documents involved or the alleged classification error. The current filing also does not mention any charges, penalties, visa cancellations or financial liability.

The company has also not said whether the DOJ has alleged fraud, misrepresentation or any other violation. The filing does not mention any charges, penalties, visa cancellations or financial liability.

In the H-1B process, employers provide information about a worker’s proposed job, including the occupational classification, job duties, work location and wage.

An employer must first file a Labor Condition Application with the US Department of Labor. The LCA identifies the occupational classification and requires the employer to attest that it will comply with wage and working-condition requirements.

The employer then submits the certified LCA with an H-1B petition to US Citizenship and Immigration Services. USCIS examines whether the job qualifies as a specialty occupation and whether the worker’s qualifications match the position.

The job classification can therefore affect the wage level and the assessment of whether the role qualifies for H-1B sponsorship. The Department of Labor requires employers to certify that the information submitted in the LCA is truthful and accurate.

Infosys had disclosed probe earlier

Infosys had referred to the DOJ investigation in its annual filing for the financial year ended March 31, 2026. That filing said the investigation involved the classification of certain H-1B visa-recipient employees working for one of its clients.

The latest filing does not repeat the reference to a client. It says only that the investigation relates to how certain H-1B employees were classified in immigration documents filed with US government authorities.

The company said it was continuing its own inquiry alongside discussions with the DOJ.

Why H-1B classification matters

Under US rules, employers must pay H-1B workers at least the higher of the prevailing wage for the occupational classification and location or the actual wage paid to similarly qualified employees.

Employers must also ensure that the workers’ conditions do not adversely affect similarly employed US workers. The Department of Labor can investigate whether workers were paid the required wages or employed in the occupation and location specified in the LCA.

Infosys has not indicated when the investigation will conclude or whether it expects any financial impact. For now, the company has said that discussions with the DOJ and its internal inquiry are ongoing.