Tata Consultancy Services (TCS), India’s largest IT services provider, is facing renewed scrutiny over allegations of misusing the US visa system.
Former employees have come forward with claims that the company manipulated job roles to secure L-1A manager visas, bypassing the stricter requirements of the H-1B visa program.
These allegations have led to lawsuits and raised concerns about the company’s compliance with US immigration laws.
Background on the Allegations – The L-1A Visa Program
The controversy began when Anil Kini, a former IT manager at TCS, along with other ex-employees, filed lawsuits under the False Claims Act.
They alleged that TCS falsely classified front-line workers as managers to obtain L-1A visas.
Kini claimed that he was directed to alter internal organizational charts to reflect a higher number of managers than actually existed.
This practice, according to Kini, allowed the company to justify L-1A applications for employees who otherwise would not qualify.
The L-1A visa program is intended for multinational companies to transfer executives and managers to US offices.
Unlike the H-1B visa, it does not have an annual cap or specific wage requirements. This makes it more flexible for companies.
Data from US Citizenship and Immigration Services (USCIS) indicates that TCS received 6,682 L-1A visa approvals between 2020 and 2023.
This is significantly more than Infosys, the next highest recipient, which secured 1,289 approvals in the same period.
Lawsuits, Legal Proceedings and Response from TCS
Kini’s lawsuit, along with those filed by other former employees, was dismissed before reaching trial.
However, Kini has appealed the ruling, arguing that TCS engaged in systematic misrepresentation.
The US Department of Justice (DOJ) declined to intervene in the lawsuits. This indicates that it did not find sufficient grounds to pursue legal action at this stage.
TCS has denied any wrongdoing, stating that it complies with all US immigration laws and regulations.
In legal filings, the company mentioned that it conducted an independent investigation of Kini’s complaints. It found that most of the issues raised were not substantiated.
TCS also stated that it had already taken corrective action on the concerns it had confirmed. However, the company did not disclose the specifics of its inquiry.
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