TCS accused of visa fraud by ex-employee: Here's what happened
What's the story
Tata Consultancy Services (TCS), a top Indian IT giant, is facing allegations of visa fraud and manipulation of US labor laws and H-1B visa regulations.
The allegations were leveled by Anil Kini, a former IT manager at TCS's Denver office.
Kini, according to Bloomberg, claimed he was asked to change internal organizational charts and misrepresent employees' roles as part of an executive-led cover-up operation.
This was allegedly done to secure L-1A visas which are easier to obtain than H-1B ones.
Visa manipulation
Alleged misuse of L-1A visas
Kini alleges TCS abused the L-1A visa system by mislabeling frontline workers as managers.
He says the practice started during Donald Trump's first term in 2017 when employment visa rules were tightened.
He claims senior executives ordered him to falsify internal organizational charts and misrepresent employees to evade federal scrutiny over visa requirements.
This isn't Kini's first legal action against TCS. His initial lawsuit was dismissed earlier this year, but he has since appealed the decision.
Visa approvals
TCS's high L-1A visa approvals raise questions
Between October 2019 and September of 2023, the US Citizenship and Immigration Services (USCIS) approved over 90,000 L-1A visas.
TCS accounted for over 6,500 of these approvals—more than the next six companies combined.
However, a Bloomberg investigation revealed that TCS reported far less managers in its US operations than the number of L-1A visas it secured.
L-1A visas are less regulated than H-1B visas for skilled workers. The latter have strict educational and wage requirements that managerial visas don't require.
Company response
TCS refutes allegations of visa fraud
Responding to the allegations, a TCS spokesperson said, "TCS does not comment on ongoing litigation, however we strongly refute these inaccurate allegations by certain ex-employees, which have previously been dismissed by multiple courts and tribunals. TCS rigorously adheres to all US laws."
The company's statement comes as Kini's appeal moves forward amid increasing concerns over visa fraud and outsourcing firms' impact on the US labor market.