Since Trump Administration took office, they have put in more policies for H1B compliance, including Executive order of Buy American, Hire American that had brought in more and more scrutiny of the H1B petitions and practices by H1B employers regarding usage of H1B program, including more USCIS Administrative Site Visits for H1B program compliance. As part of these initiatives, for transparency, they also have released more and more H1B related data regarding companies filing H1Bs and reports, including USCIS H1B Data Hub to check employers stats of H1B.
US Department of Labor(DOL) – H1B Related Client Names, Locations for Consultants
Similar to USCIS programs for H1B compliance, since fall 2018, US Department of Labor, as part of the LCA for H1B positions, started to collect the end client name details and client location, where the H1B holder would work. US Department of Labor argued that it is important to have the details of the client name and location, where the H1B holder would ultimately work for site visits, and compliance of H1B holders, who work at third party client site.
In the past, the end client details were not disclosed publicly and it was not transparent to public the list of companies that employed H1B workers as contractors, including how many were employed from big and small IT outsourcing companies. These details were released recently by DOL as part of their H1B Data Disclosure. It is the same LCA data that you see as H1B Visa Sponsors in websites like H1BGrader.com, but since the new LCA form data is collected since Fall 2018, we have additional details now on the end clients and locations.
The end clients’ details have been in secrecy for all these years and with this new data disclosure of end clients, it would be more evident the biggest users of H1B program. We have tried to put them in context by picking data from top 6 IT outsourcing companies and their clients based on the publicly available Data. These below stats are based on LCA data for FY 2019 from October 1st, 2018 until March 31st, 2019.
Top 20 Clients for Wipro by H1Bs On-site
Top 20 Clients for Capgemini by H1Bs On-site
Top 20 Clients for Infosys by H1Bs On-site
Top 20 Clients for TCS by H1Bs On-site
Top 20 Clients for Cognizant (CTS) by H1Bs On-site
Top 20 Clients for Accenture by H1Bs On-site
What are the implications of this Data Disclosure of H1B end Clients by DOL ?
Now that the end client’s names are disclosed publicly and the number of H1B workers they employ, this could have an impact on the current outsourcing companies in terms of their legal contracts as majority of the end clients would have non-disclosure agreements in place regarding their engagements. This is a potential breach in their contracts and there could be more negotiations or maybe some contract terminations. There could be some lawsuits as well regarding the practices by the clients like hiring, wage, etc. and how they are categorized as H1B dependent or not. Also, now every outsourcing company would know, who are their competitors in their domain…We need to see how this whole thing will pan out.
What is your take? What do you think on the data disclosure of Client companies?