India’s largest IT outsourcing firm, Tata Consultancy
Services (TCS), is under scrutiny following allegations of visa fraud.
Whistleblowers claim that the company misused L-1A manager visas,
classifying frontline workers as managers to bring them to the US. The
accusations, brought to light through lawsuits and a Bloomberg investigation,
suggest TCS exploited the visa system to navigate US labor laws.
Claims of Manipulated Organizational Structure
During the Trump administration’s intensified visa
oversight in 2017, former TCS IT manager Anil Kini alleges that he
was directed to modify internal company records. The Bloomberg report
claims Kini was asked to misrepresent non-managerial employees as managers in
visa applications. This alleged manipulation aimed to secure L-1A visas, which
are designed for managerial staff and have fewer restrictions than H-1B
skilled-worker visas.
Kini, along with two other former TCS employees, filed
lawsuits under the federal False Claims Act, accusing the company of
abusing the L-1A visa category. Though Kini’s lawsuit was dismissed, he
has appealed the ruling.
Inconsistencies in Visa Approvals and Management Numbers
Between 2019 and 2023, US Citizenship and
Immigration Services (USCIS) granted over 90,000 L-1A visas, mostly
to IT outsourcing firms. TCS received the most approvals, securing 6,500+
visas, surpassing the combined total of the next seven companies.
Despite these approvals, the company’s reported number of managers
in the US raises questions:
- In 2022,
TCS had 31,000 employees in the US but listed fewer than 600
managers, while securing 1,969 new or renewed L-1A visas.
- In 2021,
it reported 564 executives and managers, yet received 1,447 L-1A
visa approvals.
These discrepancies have led to concerns about whether TCS's
visa applications accurately reflected employees' roles.
TCS Rejects Allegations
TCS has dismissed the claims, stating that it complies with
all US regulations.
A company spokesperson responded, saying:
"TCS does not comment on ongoing litigation. However, we strongly
refute these false allegations made by certain former employees, which have
been dismissed multiple times. TCS strictly adheres to US laws."
Legal and Immigration Concerns
Legal experts warn that misrepresenting job roles for
visa approvals violates US immigration laws. Some attorneys argue
that weak federal enforcement has allowed companies to exploit these loopholes.
Kini’s appeal could have broader implications, influencing future
visa policies and outsourcing regulations in the US.
Difference Between L-1A and H-1B Visas
While L-1A visas are intended for managers
transferring within multinational firms, another commonly used visa is the H-1B
visa, which allows companies to hire specialized foreign workers.
Key points about the H-1B visa:
- It
is meant for highly skilled professionals with at least a bachelor's
degree.
- US
companies must sponsor applicants and submit petitions to USCIS.
- Due
to high demand, a lottery system determines which
applications are processed.
- The
visa is initially valid for three years, with options for extensions.
With ongoing debates over visa regulations, the TCS case
highlights the challenges faced by global IT firms and potential future tightening
of immigration policies.