• United States



Visas and Outsourcing

Jun 01, 20111 min
Core Java

Offshore outsource vendors, particularly those in India, are increasingly asking their customers to assist them in obtaining visas and in other immigration matters for their on-shore workers. These requests can place the customer in an awkward position, particular if, as was shown recently, the vendor becomes the subject of a governmental probe to uncover whether those visas were improperly obtained.

Customers should think carefully about whether to become embroiled in matters that should be the exclusive purview of the vendor. Many businesses decline to assist vendors in this regard, saying this is an internal labor matter for the vendor. They do not want to become involved in potential labor and immigration issues. In instances where this cannot be avoided, the customer should demand strong protections in its vendor agreements to ensure the customer has no liability or risk in assisting in these matters.


Michael R. Overly is a partner and intellectual property lawyer with Foley & Lardner LLP where he focuses on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law.

Mr. Overly is a member of the Technology Transactions & Outsourcing and Privacy, Security & Information Management Practices. Mr. Overly is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC) and Certified Outsourcing Professional (COP) certifications.

The opinions expressed in this blog are those of Michael R. Overly and do not necessarily represent those of IDG Communications, Inc., its parent, subsidiary or affiliated companies.

More from this author