A former employee of Tata Consultancy Services (TCS) has accused the company of engaging in visa fraud to circumvent U.S. labor laws and H-1B visa regulations. Anil Kini, the whistleblower who worked as an IT manager at TCS’s Denver office, claims he was instructed to alter internal organizational charts and misclassify employees as managers to evade scrutiny regarding visa applications, as reported by Bloomberg.
Kini’s current allegations are part of an appeal following the dismissal of his earlier lawsuit. He asserts that these fraudulent practices began during the first term of former U.S. President Donald Trump, when stricter regulations on employment visas were introduced.
The accusations involve TCS’s use of L-1A visas, which are intended for transferring managers within multinational corporations. Kini alleged that the company improperly labeled frontline workers as managers to obtain these visas, rather than using the more regulated H-1B visas that come with stricter educational and wage requirements.
Kini, along with two other former TCS employees, has filed lawsuits under the federal False Claims Act, allowing private individuals to sue companies that misuse and mislead government programs. Although Kini’s first lawsuit was dismissed, he is now appealing the decision.
Furthermore, between October 2019 and September 2023, TCS was responsible for over 6,500 of the 90,000 L-1A visas approved by the U.S. Citizenship and Immigration Services (USCIS). This number far exceeds the total L-1A visas issued to the next six largest companies combined.
A Bloomberg investigation has also highlighted discrepancies in TCS’s reporting of managerial positions. The company’s 2022 report to the U.S. Equal Employment Opportunity Commission (EEOC) indicated that there were barely 600 executive or managerial roles among its 31,000-strong workforce in the U.S. This figure is significantly lower than the number of L-1A visas the company obtained.
In response to the allegations, a TCS spokesperson stated, “TCS does not comment on ongoing litigation. However, we strongly refute these inaccurate allegations made by certain ex-employees, which have been previously dismissed by various courts and tribunals. TCS rigorously adheres to all U.S. laws.”
These allegations against TCS are part of broader concerns regarding visa misuse in the American tech sector. The case is currently under appeal, and the outcome may have significant implications for how companies comply with U.S. employment visa regulations.
