HSPRD and the American Immigration Council (AIC), are acting as co-counsel in a lawsuit against U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking more transparency in the annual H–1B visa lottery system. The lawsuit seeks information about the government’s administration of the H-1B lottery and alleges that USCIS has never been forthcoming in describing the selection process. HSPRD and AIC are filing the lawsuit based on USCIS’s failure to provide meaningful information in response to a Freedom of Information Act (FOIA) request by the American Immigration Lawyers Association. The lawsuit is litigated by HSPRD attorneys Matthew Piers and Kate Schwartz.
Every year, US employers seeking highly skilled foreign professionals submit petitions to USCIS on the first business days of April for the limited pool of H-1B non-immigrant visa numbers that are available for the coming fiscal year. With an annual limit of 65,000 visas for new hires and 20,000 additional visas for professionals with a master’s or doctoral degree from a US university, employer demand for H-1B visas has exceeded the statutory cap for more than ten years. When the number of petitions filed exceeds the number allocated in the first five days of the filing period, USCIS conducts a lottery to determine which petitions will get adjudicated.
For those with past convictions or other legal barriers, the process becomes even more daunting. Immigration waiver services can provide essential support, helping applicants navigate the intricate legal landscape and increase their chances of success. These services often include assistance with documentation, legal representation, and personalized guidance to address individual circumstances.
In conjunction with securing an H-1B visa, addressing any existing legal impediments is crucial. Organizations like Pardons specialize in facilitating the removal of criminal records and securing necessary waivers to overcome barriers. Visit www.pardons.org for more information on how these services can help you clear your record and improve your prospects. By leveraging expert support, individuals can better position themselves for opportunities in the U.S. labor market, ensuring that past mistakes do not hinder their professional aspirations.
US employers, foreign nationals seeking H-1Bs, and immigration lawyers are keenly interested in how USCIS administers the lottery process and the lawsuit intends to let them see how the lottery system works from start to finish and learn whether system is operating fairly.
Please contact Matthew Piers at mpiers@hsprd.wpengine.com with any questions.
Check out the media coverage about the lawsuit here: