Following Donald Trump’s return to the White House as the US President, Anil Kini, a former IT manager at Tata Consultancy Services Ltd (TCS), alleges that executives at India’s firm directed him to engage in a cover-up. Speaking to Bloomberg, Kini claimed he was ordered to falsify internal organisational charts to make them appear more manager-heavy than they were. The intent, he asserts, was to withstand potential federal scrutiny over TCS’s use of employment visas.
Kini, along with two other former TCS employees, filed lawsuits under the federal False Claims Act, alleging the company misused L-1A manager visas to hire frontline workers who had no managerial duties. Unlike H-1B visas, which have pay requirements, L-1A visas are easier to obtain and lack similar restrictions. Though all three lawsuits were dismissed before going to trial, Kini’s case remains on appeal.
TCS’s visa strategy and Trump’s changing stance
When Trump took to the Oval Office eight years ago in 2017, his administration voiced strong opposition to skilled-worker visas, claiming they undercut American jobs. TCS executives, Kini alleges, attempted to align organisational structures with their visa applications to preempt federal inspections. However, despite rhetoric against employment visas, a widespread crackdown never materialised.
However, Trump recently softened his stance on skilled-worker visas, stating in December that he has “always liked the visas.” This change has sparked a backlash from his MAGA base while earning support from tech industry leaders like Elon Musk.
Federal data obtained by Bloomberg suggests that TCS secured significantly more L-1A visas than the number of managers it reported to the US Equal Employment Opportunity Commission. The company has consistently outpaced other employers in obtaining these visas.
TCS denies allegations
Meanwhile, TCS has strongly refuted the allegations, stating, “TCS rigorously adheres to all US laws.” The company declined to comment further, emphasising that courts have previously dismissed these claims. However, experts note that L-1A visa misuse is a known issue, with nearly 200 documented cases of fraud over the past decade.
As Kini’s appeal continues, the controversy surrounding skilled-worker visas remains a focal point in the ongoing debate over immigration and employment policies in the US.
(With Bloomberg inputs)
