IMPORTANT LAWSUIT FILED AGAINST DEPARTMENT OF HOMELAND SECURITY

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:

  1. How the electronic selection process works,
  2. What the process is for accepting or rejecting a petition in the lottery,
  3. How USCIS determines the number of petitions to select in the lottery,
  4. How USCIS decides it has enough petitions to meet the numerical limits for petition approvals,
  5. How USCIS keeps track of visa number usage, and

If USCIS actually allocates all of the available visa numbers.

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