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Three former Tata Consultancy Services (TCS) employees filed lawsuits under the federal False Claims Act, accusing the company of misusing L-1A manager visas to hire frontline workers without managerial duties. Unlike H-1B visas, L-1A visas are easier to obtain and lack pay restrictions.
All three lawsuits were dismissed before trial, but one, filed by Anil Kini, a former IT manager at TCS, remains on appeal, according to a Bloomberg report. Kini has alleged that TCS executives directed him to falsify internal organisational charts to appear more manager-heavy. Kini claims this was done to withstand potential federal scrutiny over the company’s use of employment visas.
TCS has strongly denied allegations of former employees regarding the misuse of L-1A visas. In a statement, the company said: “TCS 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.”
During the previous Trump administration in 2017, the president’s stance on skilled-worker visas was highly critical, with claims that they undercut American jobs. Trump has since softened his stance on skilled-worker visas, stating in December that he has “always liked the visas.” While this shift has drawn criticism from his MAGA base, it has been welcomed by tech leaders like Elon Musk.
According to the Bloomberg report, Kini alleged that TCS executives attempted to align organisational structures with visa applications to avoid federal scrutiny, though a widespread crackdown never materialised.
Federal data obtained by Bloomberg suggests that TCS secured significantly more L-1A visas than the number of managers reported to the US Equal Employment Opportunity Commission. Despite the allegations, TCS remains one of the top recipients of these visas.
