Tata Consultancy Services (TCS), India’s largest IT services provider, is facing renewed scrutiny over its use of L-1A manager visas in the United States. Former employees have alleged that the company misrepresented job roles to secure these visas, allowing it to bypass the stricter requirements imposed on H-1B visas.
TCS has denied any wrongdoing, asserting that it fully complies with US immigration laws. However, the allegations have sparked concerns about potential loopholes in employment visa programs.
Lawsuits claim systematic misrepresentation
According to a Bloomberg report, former TCS IT manager Anil Kini, along with other ex-employees, has filed lawsuits under the False Claims Act. The lawsuits allege that TCS falsely classified front-line workers as managers to obtain L-1A visas. Kini claims he was instructed to manipulate organisational charts to show more managerial roles than existed, a move that would justify L-1A applications for unqualified employees.
Kini resisted, filed internal complaints, and later took legal action. Though his lawsuit was dismissed in February, he has appealed the ruling, maintaining that TCS engaged in systematic misrepresentation.
L-1A visa vs. H-1B: A key distinction
The L-1A visa program is meant for multinational companies to transfer executives and managers to US offices. Unlike the H-1B visa, L-1A visas have no annual cap and no specific wage requirements, making them more flexible for companies.
Data from US Citizenship and Immigration Services (USCIS) shows that:
The sharp disparity has fueled concerns that TCS may be using the L-1A route to circumvent H-1B restrictions.
More employees claim visa falsification
Other former TCS employees have echoed similar concerns. Vinod Govindharajan alleges that TCS falsely listed him as a business development manager despite him having no subordinates. He filed a complaint with the US Equal Employment Opportunity Commission (EEOC), which reportedly found evidence suggesting that TCS “frequently falsifies documents in support of L-1 visa applications.”
However, since the EEOC does not enforce immigration laws, it did not escalate the matter to other agencies for further action.
TCS’s response and legal stance
Despite the allegations, the US Department of Justice (DOJ) declined to intervene in the lawsuits, indicating insufficient grounds for legal action at this stage.
TCS has stated in legal filings that it conducted an internal investigation into the concerns raised but has not disclosed specific findings.
Larger implications for US work visa policies
TCS employs thousands in the US, serving major clients such as Apple and Cisco. Its extensive use of L-1A visas has prompted discussions on regulatory oversight and potential loopholes in employment visa programs.
Legal experts note that fabricating job titles for L-1A visas would violate the Immigration and Nationality Act, but enforcement remains challenging due to gaps in regulatory oversight.