An important lawsuit was filed against DHS seeking more transparency in the H-1B Lottery Process. The case was brought under the Freedom of Information Act (FOIA).
The lawsuit challenges USCIS’s failure to respond to a FOIA request by withholding responsive records and failing to identify and conduct an adequate search for records that describe how USCIS tracks and counts unused H-1Bs for each fiscal year and takes into account such unused numbers.
It’s high time DHS explains:
- How the electronic selection process works,
- What the process is for accepting or rejecting a petition in the lottery,
- How USCIS determines the number of petitions to select in the lottery,
- How USCIS decides it has enough petitions to meet the numerical limits for petition approvals,
- How USCIS keeps track of visa number usage, and
If USCIS actually allocates all of the available visa numbers.