Ex-employee alleges IT services company TCS misused US visa system

Says IT firm misrepresented job roles to send more employees

A former Tata Consultancy Services (TCS) employee has alleged that the IT services company misrepresented job roles to send more of its employees to the US under the L-1A visa programme rather than H-1B, thus bypassing the stricter requirements mandated under the latter, according to a Bloomberg report.

 

Amit Kini, who was sent to the US on an L-1A visa as a consultant in 2012 before being promoted to business relationship manager, filed a suit under the False Claims Act (FCA) in the US. He alleged that TCS falsely classified front-line workers as managers to obtain L-1A visas.

 

“The defendant improperly secures L-1 and B-1 visas for IT employees working in non-managerial roles and positions that do not require specialised knowledge of the company. Put another way, the defendant uses L-1 and B-1 visas, which are easier to obtain, for employees that require harder to obtain H-1B visas. To do so, the defendant falsifies individuals’ job titles and work responsibilities on their visa applications, and takes steps to mask its deception from United States Customs and Immigration Services during visits,” according to the lawsuit filed in the US District Court of Columbia. Business Standard has reviewed the document.

 

H-1B visas are the most sought after by Indian IT companies to send some of their employees to the US to work on client projects. The number of such visas approved each year is limited. Companies must obtain them through a lottery system, and the costs are high. The employee also has to demonstrate technical expertise, and the company must attest with the Labour Condition Application (LCA) that the job exists. L-1A visas, on the other hand, are for managers, not capped, and cost about $1,000 less than H-1B visas.

 

TCS denied any wrongdoing and said it does not comment on ongoing litigation. “However, we strongly refute these inaccurate allegations by former employees, which have previously been dismissed by multiple courts. TCS rigorously adheres to all US laws,” it said in a statement.

 

Kini alleges that when he raised the issue with TCS, the company retaliated by cutting his pay, stalling his promotions, removing him from projects, and eventually firing him.

 

The case, though dismissed, raises fresh concerns over the use of H-1B visas by Indian IT companies at a time when immigration is again a contentious topic in the US under Donald Trump's second presidency.