TCS Accused of Misusing US Visa System by Ex-Employee
A former Tata Consultancy Services (TCS) employee has alleged that the company misrepresented job roles to send more employees to the United States under the L-1A visa program instead of the stricter H-1B visa process, according to a Bloomberg report.
Allegations Against TCS
- Amit Kini, a former employee who traveled to the US on an L-1A visa in 2012 as a consultant and later became a business relationship manager, has filed a lawsuit under the False Claims Act (FCA) in the US.
- He claims that TCS wrongfully classified lower-level employees as managers to obtain L-1A visas.
- The lawsuit, filed in the US District Court of Columbia, states that TCS secured L-1 and B-1 visas for employees in non-managerial roles, circumventing the more regulated H-1B process.
- The complaint alleges that TCS falsified job titles and duties on visa applications and attempted to conceal the deception from US Customs and Immigration Services (USCIS) during inspections.
H-1B vs. L-1A Visas
Indian IT firms, including TCS, rely heavily on H-1B visas to send employees to the US for client projects. However, these visas are capped, expensive, and allocated through a lottery system, requiring proof of technical expertise and Labor Condition Application (LCA) approval.
In contrast, L-1A visas, designated for managerial roles, have no cap, lower costs, and fewer requirements. Kini’s lawsuit claims that TCS took advantage of these differences to bypass H-1B restrictions.
TCS Responds
TCS denied any wrongdoing, stating that it strictly follows US immigration laws. The company dismissed the allegations as inaccurate and previously rejected by multiple courts.
Retaliation Claims & Immigration Impact
Kini also alleges that after he raised concerns within TCS, he faced retaliation, including pay cuts, stalled promotions, project removals, and eventual termination.
Although the case was dismissed, it reignites concerns over Indian IT firms’ visa practices, especially as US immigration policy remains a heated topic under Donald Trump's second presidency.