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H-1B Applicants File Lawsuit Against DHS

Hundreds of H-1B visa applicants have filed a lawsuit against the U.S. Department of Homeland Security (DHS) over “rampant fraud and abuse” in the new H-1B online registration system. According to the complaint, the online registration system, which was created in 2019, has sparked a whole industry of consulting firms and fake employers that register people multiple times in an attempt to boost the chances of selection.

The basis of the claim rests on the fact that the current selection process is based on the number of registrations, rather than on an individual basis. This means that individuals with multiple registrations have a much higher chance of being selected, and the likelihood of being picked dwindles significantly for individuals with only one registration.

For the FY 2022, USCIS received 308,613 registrations and only selected 87,500 registrations to meet the total 85,000 limit. This 28% selection rate is significantly less than the 45% selection rate for FY 2021, a change that plaintiffs attribute to an increase in phony registrations.

If the court rules in favor of the H-1B applicants, there could be relief in sight for individuals with only one registration who were not selected in the 2022 lottery. Berardi Immigration will continue to monitor the case and post updates as they become available.