Maria M. Mihaylova of Klasko Immigration Law Partners. Will Pending Litigation Reveal Fraud and Abuse Plaguing the H-1B Visa Lottery?
Plaintiffs allege that the pre-registration system disadvantages good faith employers, encourages speculative H-1B registrations, and is unlawful because it contradicts the manner of visa allocation set out by the Immigration and Nationality Act (INA).
July 21, 2021 at 10:48 AM
6 minute read
On June 28, more than 500 foreign nationals filed a lawsuit (Liu v. Mayorkas) against the Department of Homeland Security (DHS), and the U.S. Citizenship & Immigration Services (USCIS), challenging the validity of the electronic pre-registration system USCIS implemented in 2020 to administer the annual H-1B visa lottery. Plaintiffs allege that the pre-registration system disadvantages good faith employers, encourages speculative H-1B registrations, and is unlawful because it contradicts the manner of visa allocation set out by the Immigration and Nationality Act (INA).
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