H-1B Lottery Lawsuit Continues


On Thursday, September 22nd, a federal judge denied USCIS' motion to dismiss a class action lawsuit that alleges the H-1B lottery system violates federal law. In the case, Tenrec et al. v. U.S. Citizenship and Immigration Services, two companies, and the two foreign nationals for whom they filed cap-subject H-1B petitions on April 1st of this year, have sued USCIS claiming that the H-1B cap lottery system is arbitrary and capricious. U.S. District Judge Michael Simon denied USCIS' motion to dismiss the lawsuit, ruling that the plaintiffs have standing to bring the lawsuit and that they have sufficiently argued their claims.

There is a Congressionally-mandated numerical limitation on new H-1B visa petitions of 65,000 per fiscal year, with an additional 20,000 available for foreign nationals who have earned U.S. Master's degrees. Whenever USCIS receives more petitions than the allotted numbers, USCIS enters all petitions received within the first five business days of the filing period, which begins April 1st each year, into a computer-generated lottery system in order to determine which petitions are accepted and which are rejected.

[Courtesy: Law360.]