H-1B Applicants File Motion for Preliminary Injunction in Lawsuit Challenging FY 2022 H-1B Lottery Cap Registration Rules

On July 27, 2021, several hundred H-1B visa applicants filed a motion for preliminary injunction in the U.S. District Court for the District of Columbia alleging that the cap registration rules and regulations that took effect on April 1, 2019 are unlawful on the grounds that DHS was rulemaking outside of its authority when it released 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). The plaintiffs also argue that DHS’ application of cap registration rules is “arbitrary, capricious, an abuse of discretion, and not in accordance with law, because the defendants have failed to examine and have ignored empirical evidence and data indicating that implementation of the FY2022 registration process would lead to fraud, abuse, and the likelihood of a second administration of the lottery.”

Iandoli, Desai, and Cronin P.C. will continue to monitor this lawsuit and provide updates when available.