The US unit of Tata Consultancy Services (TCS) is facing allegations of hiring discrimination. More than 20 former American employees of the company have accused it of illegal discrimination due to their race and age, according to a report by the Wall Street Journal.

The former employees have alleged that TCS abruptly ended their employment and filled numerous roles with workers from India on H-1B visas.

However, TCS has denied the allegations as “baseless and inaccurate”. A TCS spokesperson has been quoted by media as saying that the company has a solid history of being an equal opportunity employer in the US and it upholds the highest standards of integrity and values in its operations.

As H-1B visa is in the spotlight due to the Wall Street Journal’s report, we take a look at what is this visa all about.

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What is H-1B Visa?

The H-1B visa is a contentious topic in the US politics. It is a nonimmigrant visa permitting US employers to hire skilled foreign workers in America for a defined period. A former US President has labeled the H-1B visa system as a “cheap labor program”.

To qualify for an H-1B visa, you need:

• A valid job offer from a U.S. employer for a position that demands specialized knowledge.
• Evidence of a bachelor’s degree or equivalent experience in the relevant field.
• Your employer must demonstrate a shortage of qualified U.S. candidates for the position.

The H-1B visa process begins when your employer files a Labor Condition Application (LCA) with the US Department of Labor (DOL) to confirm they’ll pay you fairly and that your working conditions won’t affect others. Once the LCA is certified, your employer completes Form I-129, Petition for a Nonimmigrant Worker, and submits it to USCIS with necessary documents and fees. 

If your I-129 is approved, your options depend on whether you’re already in the U.S. or not. For someone in the US on a different visa, s/he must wait for H-1B status to become active before working. 

If you’re outside the U.S., you’ll need to go through consular processing, which involves completing Form DS-160, paying fees, and scheduling an interview at a U.S. embassy or consulate. 

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What’s the case against TCS

According to a Wall Street Journal report, American workers have accused TCS of engaging in illegal discrimination based on race and age. They allege that TCS terminated their employment and shifted some of their duties to lower-paid Indian immigrants with temporary work visas. “Claims that TCS practices unlawful discrimination are baseless and inaccurate.

TCS, a part of the Tata Group conglomerate, has a workforce exceeding 600,000 globally.

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