I'm shocked! Shocked, I tell you! To find that gambling is going on this establishment
So Tata, and one would assume the rest of the South Asian body shops, have engaged in a years long program to use L1A visas to evade the already meager regulations that cover H1B visas.
Short version is that they engaged in systematic inflation of job titles and job holder qualifications to show that they were not just employing cheap code monkeys. (Spoiler, thew were just employing cheap code monkeys)
The first time Donald Trump took over the White House, Anil Kini alleges that executives at India’s biggest outsourcing firm ordered him to take part in what he describes as a coverup.
Kini, who was an IT manager working in Denver for Mumbai-based Tata Consultancy Services Ltd, or TCS, says his superiors ordered him to falsify internal organizational charts — to make them appear more top-heavy with managers than they really were.
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Kini and two other former TCS employees who filed similar lawsuits say the company repeatedly made improper use of special manager-level visas to hire front-line workers who had no management responsibilities. All three cases, which were filed under the federal False Claims Act, were dismissed before the allegations of visa fraud were examined in court; Kini’s is on appeal. The manager visas, known as L-1As, are easier for employers to obtain and have fewer guardrails; for example, they lack even the minimal pay requirements that Congress has imposed for H-1B holders.
As I have noted a few times on this humble blog, one of the solutions to H1-B abuse is to require an open and transparent bidding process to make the application and to get the visa.
At that point, firms with legitimate needs will bid more than those who are just looking for cheap labor.
Also, criminal and economic sanctions against the entities who conspire to break these laws, and it ain't just Tata or Infosys, it's IBM and Apple, and Google as well, would be a good thing.
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