A former employee of Tata Consultancy Services (TCS) has accused the company of engaging in visa fraud to bypass US labour laws and H-1B visa regulations. The whistleblower, Anil Kini, who worked as an IT manager at TCS’s Denver office, claimed that he was instructed to modify internal organisational charts and misclassify employees as managers to bypass visa scrutiny, as reported by Bloomberg.
Kini’s current allegations are part of an appeal after his earlier lawsuit was dismissed. He claims the fraudulent practices began during the first term of former US President Donald Trump, when stricter regulations on employment visas were introduced.
The allegations pertain to TCS’s use of L-1A visas, which are meant for transferring managers within multinational companies. Kini accused the company of fake labelling frontline workers as managers to obtain these visas instead of the more regulated H-1B visas. The latter come with stricter educational and wage requirements compared to L-1A visas, which are not as closely examined.
Kini and two other former TCS employees have filed lawsuits under the federal False Claims Act. This law allows private individuals to sue companies that misuse and mislead government programmes. While Kini’s first lawsuit was dismissed, he is now appealing.
Additionally, the report reveals that between October 2019 and September 2023, TCS accounted for over 6,500 of the 90,000 L-1A visas approved by the US Citizenship and Immigration Services (USCIS). This figure is way more than the total number of L-1A visas issued to the next six largest companies combined.
A Bloomberg investigation also exposes discrepancies in TCS’s reporting of managerial positions. The company’s 2022 report to the US Equal Employment Opportunity Commission (EEOC) indicated barely 600 executive or managerial roles in its 31,000-strong workforce in the US. This figure is significantly lower than the number of L-1A visas the company obtained.
In response to these allegations, a TCS spokesperson issued a statement saying, “TCS does not comment on ongoing litigation. However, we strongly refute these inaccurate allegations made by certain ex-employees, which have previously been dismissed by various courts and tribunals. TCS rigorously adheres to all U.S. laws.”
The allegations against TCS are part of broader concerns over visa misuse in the American tech sector. The case is now under appeal, and the outcome could have significant implications for how companies navigate US employment visa regulations.
