A group of American professionals has levelled serious allegations against Indian tech giant Tata Consultancy (TCS) in the latest twist to the ongoing debate over the US visa program for skilled foreign workers. The workers alleged that they were fired by TCS on short notice and their roles given to Indians on H-1B visas, the Wall Street Journal reported.
The H-1B visa program allows US companies to employ foreign workers in specialty occupations requiring technical expertise. Typically, H-1B visa holders are employed for three to six years, with the possibility of renewal if they pursue permanent resident status through the Green Card process.
According to complaints filed with the Equal Employment Opportunity Commission (EEOC), at least 22 American workers claim that TCS unlawfully discriminated against them based on race and age. These former employees, hailing from various ethnic backgrounds and ranging in age from their 40s to their 60s, allege that TCS terminated their employment on short notice and replaced them with lower-paid Indian immigrants on H-1B visas.
“While companies often conduct layoffs that affect workers with more seniority, the American professionals say TCS broke the law by targetting them based on protected characacteristics of age and race,” the WSJ report said.
The workers affected by these alleged discriminatory practices reside in more than a dozen states across the US and possess advanced degrees, including a master’s in business administration, according to the report.
They allege that the TCS demonstrated preferential treatment towards Indian workers in the US who already possessed the H-1B visa.
Calling the allegations meritless, TCS said it has never engaged in unlawful discrimination. “TCS has a strong record of being an equal opportunity employer in the US, acting with integrity in its operations,” a company spokesperson told WSJ.
The H-1B visa system, which annually issues 65,000 visas along with an additional 20,000 for applicants holding advanced degrees from US institutions, has been a subject of contention for years. Critics argue that it enables companies to exploit cheap labor from overseas, potentially displacing American workers and reducing wages.
Tech companies, in particular, heavily rely on the H-1B visa program to recruit talent from around the world. The selection process involves a lottery conducted by the US Citizenship and Immigration Services, with employers sponsoring selected applicants for the visa.