Lawsuit against Biden admin’s proposed H-1B visa allocation

A lawsuit challenging the wage based H-1B visa allocation has been filed by five non-profit organisations with a US District Court (District of Columbia).

According to Times of India, this rule, rolled out by the Trump administration had sought to give priority in the H-1B visa selection process to applications offering the highest wage level in the respective occupation category and geographic area.

Post swearing in of US President Joe Biden, the US Department of Homeland Security (DHS), later announced that it would delay the proposed change to the H-1B cap selection system until December 31, 2021. However, it has not announced the rescinding of this rule, the report said.

The five non-profit organisations are represented by the American Immigration Lawyers Association (AILA) and a few immigration attorneys, viz: Jeff Joseph, Charles Kuck and Greg Siskind.

The lawsuit petition, filed with a US District Court (District of Columbia) states “This final rule unlawfully makes the H-1B visa selection process dependent on wage level and unlawfully gives priority for lottery selection to those H-1B applicants who are paid the highest wages. This rule will foreclose eligible H-1B workers who are not paid at the highest wage levels, including plaintiffs in this matter.”