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

Latest status

• 03/01 - [END] Judge McFadden ruled in favor of USCIS.

• 02/24 - Yesterday USCIS added a section Unfairly Increasing Chances of Selection on their H-1B page! and looks like they declared the abusive action we are suing now is ILLEGAL.

• 01/28 - [MSJ] Today we filed our reply - this is the last substantive filing we needed to file in this case. The government and ITServe will file their reply by 02/04. After that, we wait for a decision.
• 01/24 - [Info] In the public comments received by the government when they proposed the e-registration system, we found some comments warned USCIS about the potentail fraud and abuse, which is exactly what is happening now. These entities includes Microsoft and Small Business Admin (a federal agency whose head is a cabinet-level, same as secretary of DHS, the parent agency of USCIS)
• 01/24 - [MSJ Schedule] Judge McFadden moved ddl of joint appendix of portions of the administrative record 1 week early - hopefully can have a decision before FY23 lottery

    MINUTE ORDER. Upon consideration of the Parties' request that the Court render a decision, 
    if possible, prior to the start of the next H-1B lottery in early March 2022, see ECF No. 30 at 2, 
    the Court hereby ORDERS the parties to file the joint appendix of portions of the administrative record 
    by February 4, 2022.
    All other scheduling deadlines remain unchanged. SO ORDERED.
  

• 01/07 - [MSJ] We filed our Motion for Summary Judgement.

• 12/29 - [MSJ Schedule] Judge McFadden ordered a schedule regarding Motion for Summary Judgement

    Service of the administrative record on Plaintiffs is due on or before December 30, 2021.
    Plaintiffs' Motion for Summary Judgment is due January 7, 2022. 
    Defendants' opposition and cross motion for summary judgment is due on or before January 21, 2022. 
    Plaintiffs' opposition and reply is due on or before January 28, 2022. 
    Defendants' reply is due February 4, 2022. 
    Filing of the joint appendix of portions of the administrative record is due on or before February 11, 2022.
  

• 12/11 - [MTD] Judge Trevor N. McFadden today DENIED Defandant’s (Government) Motion To Dismiss, and we will start the Discovery process.
• 11/22 - [MTD] In response to USCIS’s 3rd round selection on 11/19, we kindly requested the court to deny Government’s Motion To Dismiss.
• 09/10 - [MTD] Government filed a motion to dismiss, we will file a resposne by 09/24
• 08/02 - [TRO] After hearing, Motion for Temporary Restraining Order is DENIED. Since 2nd round already happened, we will withdraw our motion for PI.
• 07/29 - [TRO] We filed Motion for Temporary Restraining Order in response for USCIS’s 2nd round selection today.
• 06/29 - Our case LIU et al v. MAYORKAS et al is offically filed at the District Court in Washington D.C.

Motion to Intervene

• 01/20 - Judge McFadden ordered granting motion to intervene BUT limited their particpation

    ORDERED that Intervenors shall not: 
    (1) file any motions to stay the proceedings (unless Defendants were to file such motions); or 
    (2) seek any modification to the current briefing schedule announced by the Court.
  

• 01/14 - Both government and us filed opposition to MOTION to Intervene
• 01/07 - MOTION to Intervene filed by ITSERVE ALLIANCE, INC., iTech U.S., Inc., NAM Info Inc., LUCID TECHNOLOGIES INC..

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Lawsuit Argument

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.

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.

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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 https://stoph1babuse.com. 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.

• Previous announcements

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!

WE DON’T HAVE ANY FORM OF FUNDRAISING RIGHT NOW, BE CAREFUL OF FRAUD

Contact us

• E-mail

Resources

• Related H-1B Law and Regulations
• Lawsuit info session slides can be download here
• 04-13 All rules related to H-1B random selection
• 04-06 DHS’s previous response and comments on electronic registration of H-1B