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  • Writer's pictureIKS ESQ. LLC.

Hundreds of Applicants File Lawsuit Challenging FY2022 H-1B Lottery Cap Registration Rule

In an unsurprising turn of events. a list of many policy changes and rule changes are being challenged as to their applicability and validity. While some policies have been rolled back to a Pre Trump Era Status Quo, others were too far along to change. A report from AILA States that:

"A few hundred H-1B visa applicants filed a lawsuit alleging that the cap registration rules and regulations that took effect on April 1, 2019, and that are and codified at 8 CFR §214.2(h)(8)(iii) are unlawful.

The plaintiffs contend that DHS was rulemaking outside of its authority when it promulgated the cap registration rules, because the rules prioritize H-1B lottery registrations and ignore the INA’s mandate to allocate H-1B visas by “alien” pursuant to INA §214(g)(1), (3), and (7). They also argue that, even assuming that the creation of the cap registration rules was a lawful exercise of DHS’s rulemaking authority, USCIS has implemented the cap registration rules in a manner that is arbitrary and capricious.

Our Firm will be watching this case closely for any important and relevant changes that may occur form its outcome. For a full look at the case brief please follow the Link Below:

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