Mumbai: A group of 510 foreign nationals, including Indians, who were not chosen in the H-1B hat lottery that had just concluded had filed a lawsuit.
They have challenged existing procedures, which allows a lot of registration to be submitted for the same individual, which in turn gave him a better chance to be chosen in the lottery.
In 2019, US citizenship and immigration services (USCIS) introduced the current registration process.
Employers who sponsor requested to electronically register beneficiaries (employees they want to rent under the H-1B route).
The H-1B Close application must then be submitted only for selected beneficiaries in the lottery process.
The annual quota under the H-1B cap program is 85,000 (which covers 20,000 for those who have a follow-up degree from the US, known as a master cap).
The request for H-1B visa far exceeds this quota, so that random selection – known as a lottery system has been used over the past few years.
The lawsuit shows that the hat registration rule allows these individuals to a lot of registration to get unfair benefits than individuals with only one registration.
This refers to various existing fraud practices.
“Regulations and regulations regarding the current cap registration process allows foreign nationals to have an unlimited amount of registration delivered on their behalf by several employers.
This has caused all industries called ‘H-1B Consultants’ and fake entrepreneurs who have exploited the rules Cap registration is defective by charging the prospective workers to apply for several registrations on their behalf, even when there is no bonafide job offer from the employer who qualifies, “said the legal demands filed with the US District Court of Columbia.
“Because the selection process is currently based on the number of registrations, rather than individuals, individuals with several registrations have a much higher probability to be chosen.
On the other hand, the probability decreases significantly for individuals with only one registration,” he added.
The plaintiff showed that they saw the probability they were chosen in the FY 2022 H-1B lottery significantly reduced because of this rampant fraud and abuse.
Each of these plaintiffs has bonafide work offer with the US employer, many have worked with their employers who sponsor under an optional practical training program (OPT), intended for international students and hope to transit to the H-1B visa to continue the employer same.
The current procedure is contrary to immigration and nationality act (INA) because the registration rules cap allows a foreigner with some registration a lot of opportunities to get a H-1B visa.
The rule of hat registration announced by the Security Department of Homeland (DHS) and implemented by USCIS has caused H-1B applicants to be selected in a way that is not intended by the law.
Therefore, because the rules for registration of hats violate INA, they must be set aside, is the request submitted by the Plaintiff.