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We sued against USCIS regarding H-1B Random Selection process.

Latest status


Motion to Intervene

Lawsuit Argument

Current Selection

Our central argument rests on the 1990 Immigration and Nationality Act, which stipulates that the number of distinct individuals should be subject to the annual H-1B cap, not the number of registrations nor jobs/offers.

INA also indicates each individual will be counted ONCE towards the Cap even if you are approved for 2 H-1Bs.

Hence, USCIS should select H-1B beneficiaries from the pool of DISTINCT INDIVIDUALS, not registrations.

In addition, the extra registrations they filled will be selected in 2nd/3rd/4th round with no subsequently H-1B petition filing - USCIS will stuck in a loop of running more and more rounds and never get enough petitions.

Proposed Selection

By implementing this change, every beneficiary will have an equal chance, regardless submitting 1 registration or 1000 registrations. Then, the ‘multi-filing’ issue will be solved - they will not have any advantage.

Announcements on 05-06:

Given the rampant multiple-filing abuse this year, we anticipate that the cap will not be filled after the March lottery, and we will ask USCIS to implement such changes for the second round of selection. We will also ask USCIS to extend the Cap-Gap to protect individuals on expiring F1-OPTs or STEM OPTs in anticipation of the potential second round H-1B selection.

To qualify as a plaintiff, you need to have participated and lost the cap-subject H-1B lottery for the FY2022. Relevant information will also be available at After our information session, Jeff Joseph will set up an online plaintiff in-take process to facilitate mass sign-up early next week.

Last but not least, if you followed all rules and laws and built your life here by working hard (kudos for getting a job during a pandemic!), only to find your spot taken by unscrupulous H-1B scammers, this is your chance to fight back!

If you feel abused and betrayed by the illegal conduct of USCIS, a bureaucracy that is funded by us but exists only to put a chokehold on our throats, this is your chance to fight back!

If you want the H-1B selection process to be more transparent and fair so that future generations of high-skilled immigrants do not have to suffer what we suffered, this is your chance to make changes for the better!

So please join us.

About Us

We are a group of victims of unfair practices happened during Fiscal Year 2022 H-1B Cap-Subject Lottery selection process.

We ultimately hope to protect our rights through the law and provide a fair chance to draw lottery.

If you are one of the victims, please join us to face and speak together!


Contact us