Former Staffers Claim TCS Misused US Visas to Bypass H-1B Limits

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Key Takeaways

TCS allegedly misused over 6,500 L-1A visas (2019-2023), designating non-managers as managers to bypass stricter H-1B regulations.
Former employee Anil Kini and others filed lawsuits under the False Claims Act; Kini’s appeal remains ongoing after dismissal.
Misuse allegations may prompt stricter L-1A visa regulations, including salary thresholds or audits, impacting tech industry labor practices.

Tata Consultancy Services (TCS), India’s 🇮🇳 biggest IT services company, is at the center of serious allegations related to visa fraud in the United States 🇺🇸. Former employees have accused TCS of misusing the L-1A visa, a type of visa set aside for company managers, to bypass stricter requirements of the H-1B visa program. These claims are significant, as they touch on broader concerns about visa misuse in the tech sector, and have raised questions about regulatory policies, labor practices, and TCS’s operations in the US.

At the core of the accusations are claims that TCS used the L-1A visa program to bring workers who are not managers into the US, labelling them as managers to meet visa requirements. The L-1A visa allows companies to transfer international employees into managerial positions within the company in the US. However, unlike H-1B visas, which are meant for skilled workers, L-1A visas are less strictly regulated. They do not have a wage requirement or a limit on the number issued annually, which led former employees to claim that TCS exploited these loopholes.

Former Staffers Claim TCS Misused US Visas to Bypass H-1B Limits

Lawsuits and Allegations

One of the key figures bringing forward these allegations is Anil Kini, a former IT manager at TCS’s Denver office. Kini claims that in 2017, he was directed by senior TCS executives to alter internal organizational structures to falsely designate employees as managers, even though they were performing routine frontline work. He alleges that these actions began when the administration of President Trump tightened the rules surrounding employment visas, including H-1Bs, which are known for their detailed education and wage demands.

Kini, along with two other former TCS employees, filed lawsuits against the company under the federal False Claims Act. This law allows private citizens to sue companies for misleading the government. Even though Kini’s initial case was dismissed earlier this year, in 2025, he has appealed the decision, keeping the legal battle ongoing.

What makes these cases notable is the scale of TCS’s operations under the L-1A visa program. Between October 2019 and September 2023, TCS received more than 6,500 approvals for L-1A visas from the US Citizenship and Immigration Services (USCIS). This number is higher than the combined total of the next six largest companies using the same visa category. By comparison, in 2022 alone, TCS gained 1,969 approvals for new or renewed L-1A visas but reported to the US Equal Employment Opportunity Commission (EEOC) that only 600 of its 31,000 employees in the US occupied managerial or executive positions during the same period. A similar pattern was observed in 2021 when the company obtained 1,447 L-1A approvals despite reporting that it had only 564 positions classified as managerial or executive.

TCS’s Response and Perceptions in the Industry

TCS has strongly denied the allegations. A spokesperson for the company stated, “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.” Despite their denial, data revealed through investigations, particularly by Bloomberg, has suggested a substantial inconsistency between the company’s visa usage and its documented workforce structure.

Immigration lawyers and advocates see this as part of a larger concern about how some companies might be misusing the US visa system to minimize costs and avoid compliance with stricter rules. According to reports, manipulating job descriptions for L-1A visas violates the Immigration and Nationality Act, which is the foundational law governing immigration in the United States.

Beyond TCS, the issue of visa misuse is not isolated to any one company. Over the last ten years, nearly 200 cases of L-1A visa fraud have been reported. Experts argue that this indicates structural vulnerabilities in the system and raises questions about how robustly regulations are enforced.

The Wider Context: Shifts in Policy and Industry Practices

The TCS case unfolds at a time when the political environment around work visas in the US is in flux. The administration of President Trump, when elected in 2016, had a strong focus on limiting skilled worker programs like the H-1B visa, arguing these programs negatively impacted American workers. His policies led to greater scrutiny of all employment-based visas, which some believe could have influenced TCS’s alleged actions with L-1A visas.

Interestingly, President Trump has since adjusted his approach. In December 2024, he stated that he has “always liked the visas,” a notable shift that has outraged parts of his political base but gained the approval of technology leaders. For companies like TCS, navigating these changing political dynamics has added new challenges.

Impact of Alleged Misuse on Labor Markets

The potential misuse of L-1A visas has far-reaching consequences for workers in the US labor market. If companies misrepresent lower-level staff as managers, they might bypass wage protections that exist for H-1B visa holders, potentially undermining wages and working conditions. For American workers, this could mean facing competition from international labor brought in at a lower cost. For legitimate visa holders, it creates a situation where their compliance with regulations may put them at a disadvantage.

TCS, as a global leader, plays a vital role in managing thousands of projects across industries. However, the allegations, if proven, could have a negative impact on its reputation and business relationships. For smaller companies that compete with TCS, this situation also raises concerns about an uneven playing field, where misuse of visas can offer unfair advantages.

What’s Next: Legal and Regulatory Changes

The legal proceedings against TCS—including Kini’s appeal—may force greater attention on how companies use visas in the US. Depending on how the courts rule, this could lead USCIS and legislators to introduce stricter regulations around L-1A visas. For example, requiring salary thresholds for L-1A managers, similar to H-1B requirements, could become part of future reforms. Similarly, measures like random audits or stricter documentation checks could serve as deterrents for oversized use of these visa programs.

The impact of any court rulings could also extend to other industries beyond tech, which often rely on intracompany transfers to meet global operational needs. Ultimately, ensuring that visa programs match their intended purpose will be a key focus for policymakers and enforcement officials going forward.

Transparency and Accountability

As the US draws skilled workers from around the world to maintain its competitive edge, these systems require transparency to ensure they are fair and lawful. Cases like this one highlight the importance of checks and balances. Stronger enforcement or policy changes could boost trust in the already complex immigration system.

For now, employers, workers, and regulators alike will closely follow updates to see whether these allegations lead to meaningful changes. The stakes are high, not only for TCS but also for how global companies continue filling their workforce needs through employment-based visas.

For more information on employment visas, you can visit the official USCIS L-1A visa page.

The allegations against Tata Consultancy Services have surfaced as part of a broader debate about how US employment visas can or should be used. While the lawsuits and accusations work their way through the courts, what emerges more clearly is the need for reforms that balance the needs of global businesses with protections for American workers and ethical visa applicants. As reported by VisaVerge.com, cases like this have the potential to reshape tech firms’ hiring practices in the US, making it essential for stakeholders to stay informed. Only time will reveal whether this case is an isolated controversy or indicative of a larger issue.

Learn Today

L-1A Visa → A US work visa allowing companies to transfer international employees into managerial or executive roles within the US.
H-1B Visa → A US visa program for skilled workers, subject to wage requirements and capped annually, with stricter regulations than L-1A visas.
False Claims Act → A US law enabling private individuals to sue companies for defrauding the government or engaging in false claims.
USCIS → United States Citizenship and Immigration Services, the federal agency managing immigration, visas, and naturalization processes in the US.
Immigration and Nationality Act → The foundational US law governing immigration policies, including visa programs, entry rules, and enforcement mechanisms.

This Article in a Nutshell

Tata Consultancy Services faces allegations of misusing L-1A visas, sparking debates about visa loopholes in America’s tech industry. Former employees claim non-managers were falsely labeled as managers to bypass stricter H-1B requirements. Amid lawsuits and mounting scrutiny, this controversy underscores the urgent need for robust visa regulations balancing corporate needs with worker protections.
— By VisaVerge.com