Tata Consultancy Services (TCS) Green Card Policy: A Comprehensive Guide

Tata Consultancy Services (TCS) is a global leader in IT services, focusing on employment-based visas including H-1B visas for its employees in the USA. However, the specifics of the green card policy can vary based on individual circumstances, roles, and company needs. This article provides an in-depth look at the TCS green card policy, encompassing eligibility, sponsorship process, job roles, employee performance, and more.

General Overview of the TCS Green Card Policy

Eligibility

Employees are typically required to work with TCS for a certain period before the company considers sponsoring them for a green card. This period can vary depending on the role and performance. Employees with H-1B visas who meet these criteria may be eligible for green card sponsorship. However, the exact timeframe can differ based on the individual's role and performance.

Sponsorship Process

TCS generally sponsors the employment-based green card process, which includes the following steps:

Filing a Labor Certification PERM Filing an I-140 Immigrant Petition Filing an I-485 Application for Adjustment of Status

The processing time can be long, often taking several years, so employees are encouraged to discuss their career plans with HR or management.

Job Role

The likelihood of green card sponsorship can vary based on the job role. Technical and managerial positions often have a higher probability of sponsorship compared to other roles. However, it is essential to confirm this with TCS HR or management as the criteria can differ based on the specific position.

Employee Performance

Employee performance and contributions to the company play a significant role in the decision to sponsor a green card. High-performing employees who excel in their roles and make significant contributions to TCS are more likely to be sponsored.

Green Card Policy at TCS: Insights and Recommendations

It is critical for employees and prospective employees to consult TCS HR or their management for the most accurate and current information regarding green card sponsorship. Policies can change and may vary by location and individual circumstances.

Critical Points to Consider:

1. TCS Will Use Its H-1B Allocation Effectively:

TCS is known for consuming H-1B allocations for their employees, often preventing the H-1B visa holder from qualifying for an employment-based green card within the required 6 years, leading to the visaholder being "dumped" without sponsorship.

According to an employee's personal experience, TCS follows a specific policy where:

Employees with 15 years of education (e.g., Bachelors in Computer Science or BCA) could be eligible for both EB-2 and EB-3 categories. TCS, however, explicitly prefers to file for EB-2, requiring a 16-year education (e.g., B.E.), even though EB-3 may be more suitable given the employee's qualifications.

This policy appears to be a tactic to limit the number of employees who can secure green cards, thus extending their H-1B periods beyond the 6-year limit.

2. Leaks in Governance:

Employees often report being blindsided about the true nature of the TCS green card policy. Numerous Indian employees in middle management roles have admitted to using this opaque practice to retain H-1B visas. For instance, after around three years of employment, TCS may begin to disclose additional requirements for green card eligibility, prolonging the process and extending the H-1B visa period.

3. Internal Stage Dramas:

TCS employs an extensive internal process to evaluate employees for green card sponsorship, which can be frustrating. These "internal stages" involve several months of paperwork and assessments, during which employees can feel uncertain about their progress.

Initial Eligibility Assessment: 3-4 months Skills / Duties Data Collection: 1-2 months TCS Due Diligence / Role Validation: 2-5 months (depending on batch size) PERM Prevailing Wage Request: 3-4 months PERM Labor Market Test pre-filing recruitment: 4-6 months DOL PERM Processing Time: 3-5 months without audit, 6-8 months with audit USCIS I-140 Processing Time: 7-9 months standard, 1 month premium pursuant to immigration/business requirements

By the fourth or fifth year, employees typically learn only after rigorous follow-ups that TCS will only file in the EB-2 category, not EB-3, which could have been more suitable.

Conclusion

In light of the complexities and potential pitfalls in the TCS green card process, it is crucial for employees to be aware of the green card policy and to seek personal guidance from TCS HR or management. This proactive approach can help mitigate miscommunications and ensure that employees remain well-informed throughout the sponsorship process.