Mumbai
Mumbai-based IT giant Tata Consultancy Services (TCS) is facing serious allegations of visa fraud in the United States. Former employees claim that the company misused L-1A visas, which are meant for managers, to bring regular workers into the US by falsely labeling them as managers. These allegations have surfaced through lawsuits and media investigations.
What Are the Allegations?
In 2017, during the Trump administration’s strict visa policies, Anil Kini, a former IT manager at TCS in Denver, alleged that company executives asked him to manipulate organizational charts. This was done to make frontline employees appear as managers to secure L-1A visas without raising suspicion. Kini, along with two others, filed lawsuits under the False Claims Act, accusing TCS of exploiting the visa system. Although Kini’s case was dismissed, he has appealed the decision.
The Numbers Raise Questions
Between 2019 and 2023, the US government approved over 90,000 L-1A visas, mainly used by IT companies. TCS led the approvals, obtaining over 6,500 such visas—more than the next seven largest companies combined. However, official company records show far fewer managerial employees than the number of visas received.
For example, in 2022, TCS reported having only 600 managers among its 31,000 US-based employees, but it received nearly 2,000 new or renewed L-1A visas. A similar pattern was seen in 2021. This discrepancy has raised concerns about whether the company misused the visa system.
TCS Denies the Claims
TCS has denied any wrongdoing. A company spokesperson stated:
“We do not comment on ongoing legal cases, but we strongly deny these false claims made by former employees. These allegations have already been dismissed by multiple courts. TCS follows all US laws strictly.”
Broader Concerns on Visa Fraud
Immigration experts warn that misusing L-1A visas by falsifying job titles is illegal under US law. Some believe that weak enforcement has allowed companies to exploit such loopholes for years. Kini’s appeal has brought fresh attention to concerns about visa fraud and how outsourcing firms impact the US job market.
Discrimination Allegations
In a separate case, in April 2024, a former TCS employee, Randy Devorin, sued the company, claiming it unfairly laid off older American workers to hire younger foreign employees on visas. He alleged that TCS favored Indian workers on temporary visas over US citizens, particularly targeting older White employees for termination.
Since December 2023, at least 22 American workers have filed complaints against TCS with the Equal Employment Opportunity Commission (EEOC), accusing the company of discrimination.
The allegations against TCS highlight growing concerns over how large IT firms use work visas and treat employees in the US. With legal cases ongoing, the issue remains under close watch by authorities and industry experts.
