TCS Whistleblower Accuses IT Giant of Visa Fraud to Bypass US Laws

A former employee of Tata Consultancy Services (TCS) has made serious allegations against the Indian IT giant, claiming the company engaged in visa fraud to circumvent strict US labour laws. According to a report by Bloomberg, Anil Kini, who previously served as an IT manager at TCS’ Denver office, has accused the company of falsifying internal documents and misclassifying employees to exploit the US visa system.

Kini alleges that Tata Consultancy Services executives instructed him to manipulate organisational charts and misrepresent frontline workers as managers to secure L-1A visas, a process that he claims started during the Donald Trump administration’s crackdown on employment visa regulations in 2017. This legal dispute has intensified as Kini pursues an appeal after his initial lawsuit was dismissed earlier this year.

What Are the Allegations Against Tata Consultancy Services?

Kini’s claims revolve around TCS’ alleged misuse of L-1A visas, which are designated for intra-company managerial transfers, as opposed to H-1B visas, which require stricter educational and wage criteria. He asserts that TCS systematically labeled non-managerial employees as managers, allowing them to enter the US under the less regulated L-1A category.

The whistleblower further contends that he was explicitly ordered to falsify records and that his refusal to comply led to workplace retaliation. Kini is not alone in his fight against the IT major—he is among a group of former TCS employees who have taken legal action under the False Claims Act, which allows whistleblowers to expose fraud against the government.

L-1A Visas vs. H-1B Visas: How TCS Allegedly Exploited Loopholes

Kini’s lawsuit underscores the stark differences between L-1A and H-1B visas. L-1A visas, intended for high-level executives and managers, are far less regulated than H-1B visas, which are designed for skilled workers and have stringent eligibility requirements.

According to Bloomberg, of the 90,000 L-1A visas approved by the US Citizenship and Immigration Services (USCIS) between October 2019 and September 2023, TCS accounted for over 6,500—more than the next six companies combined. The investigation also revealed that while TCS secured thousands of L-1A visas, its 2022 Equal Employment Opportunity Commission (EEOC) report listed fewer than 600 executive or managerial roles among its 31,000 US employees. This discrepancy has fueled further suspicion regarding the company’s hiring and immigration practices.

Tata Consultancy Services Responds to the Allegations

In response to the accusations, a TCS spokesperson issued a statement rejecting the claims:

“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.”

While TCS maintains its stance of compliance, the allegations have sparked debate over the broader issue of visa misuse in the IT sector. Given that Kini’s lawsuit is now on appeal, the case could have significant implications for both the company and the broader landscape of US work visa policies.

What’s Next for the Case?

Kini’s appeal could lead to further scrutiny of TCS’ hiring practices and visa applications. If the court finds merit in his claims, it may result in substantial penalties and increased regulatory oversight for the company. Moreover, this case may prompt US authorities to re-evaluate policies surrounding L-1A visas and tighten loopholes that allow large corporations to manipulate immigration laws.

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