Tata Consultancy Services (TCS), India’s largest IT outsourcing firm based in Mumbai, is reportedly under scrutiny over allegations of visa fraud. Whistleblowers claim that the company misused special work visas to bypass US labor laws. According to lawsuits and an investigation by Bloomberg News, TCS allegedly exploited L-1A manager visas to bring frontline workers to the US while falsely identifying them as managers.
Anil Kini, a former IT manager for TCS in Denver, has accused company executives of instructing him to manipulate internal organizational charts to misrepresent employees’ job roles. Kini alleges that this occurred in 2017 when the Trump administration intensified its oversight of employment visas. According to Bloomberg, the goal was to align job titles with visa applications to avoid federal scrutiny.
Along with two other former TCS employees, Kini filed lawsuits under the federal False Claims Act, alleging that the company systematically misused the L-1A visa program. Unlike H-1B visas, which have strict wage and education requirements, L-1A visas are intended for managerial transfers and are subject to fewer regulations. Bloomberg reported that while Kini’s lawsuit was dismissed earlier this year, he has since appealed the decision.
Between October 2019 and September 2023, the US Citizenship and Immigration Services (USCIS) approved over 90,000 L-1A visas, primarily used by IT outsourcing firms to manage technology operations for US companies. TCS led the approvals, securing more than 6,500 L-1A visas—more than the next seven largest recipients combined.
Despite receiving a high number of these visas, TCS reported a significantly lower count of managerial employees in the US compared to the number of visas granted. In its 2022 report to the Equal Employment Opportunity Commission (EEOC), TCS stated that among its 31,000 employees based in the US, fewer than 600 held executive or managerial positions. However, that same year, the company received approvals for 1,969 new or renewed L-1A visas. Similarly, in 2021, TCS reported having 564 executives and managers in the US but obtained approvals for 1,447 L-1A visas.
TCS has strongly denied any wrongdoing. “TCS does not comment on ongoing litigation, however we strongly refute these inaccurate allegations by certain ex-employees, which have previously been dismissed by multiple courts and tribunals. TCS rigorously adheres to all US laws,” a company spokesperson told the news outlet.
Legal experts warn that misrepresenting job titles to obtain L-1A visas for employees who do not meet the managerial criteria violates the Immigration and Nationality Act. Some attorneys have pointed out that weak enforcement by federal agencies has allowed certain employers to exploit this loophole.
Kini’s appeal highlights ongoing concerns about visa fraud and raises questions about how outsourcing firms influence the US labor market.
The H-1B visa, distinct from the L-1A visa, is a non-immigrant visa allowing US employers to temporarily hire foreign workers in specialized fields that typically require a bachelor’s degree or its equivalent. Employers must sponsor workers and submit the necessary petitions to USCIS. Due to high demand, there is an annual limit on new H-1B visas, and if applications exceed the cap, a lottery system determines which petitions are processed. H-1B visas are initially granted for three years but can be extended.