Key Points
- AILA has sued to enjoy the final H-1B Lottery Rule published on January 8, 2021
- The H-1B Lottery Rule has been extensively litigated since its implementation
- AILA argues the rule is unlawful and contradicts the intent of US immigration law by selecting workers only on the basis of wage
- AILA argues the rule favors large and wealthy businesses and workers in certain geographic locations
- Updates on additional H-1B litigation will be provided as available
Overview
The American Immigration Lawyers Association (AILA) filed a lawsuit to enjoin the final rule titled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” or the “H-1B Lottery Rule,” which was published on January 8, 2021.
Background
The H-1B Lottery Rule has been extensively litigated since its inception under President Trump. AILA argues that the rule is substantively unlawful because it contradicts the intent of US immigration law by selecting high-skilled workers solely on the basis of wage. AILA also argues that the rule, as implemented, favors large and wealthy businesses but leaves smaller businesses and their employees out of the H-1B lottery. AILA and the organizations it represented in the lawsuit add that the H-1B wage-based selection rule puts individuals who live in more rural and less expensive parts of the US at a disadvantage against equally skilled and necessary workers who live in higher-demand locations.
Looking Ahead
This lawsuit is the latest development in extensive ongoing litigation surrounding the H-1B Lottery Rule. We will provide updates as available.
