Court dismisses case challenging H1B visa lottery

WASHINGTON: A US court has dismissed a lawsuit that challenged the lottery system for determining successful applicants for H-1B visas, the most sought after by Indian IT firms and professionals.

The ruling by an Oregon federal judge means there will be no change in the H-1B visa issuance process for the fiscal 2018, which begins on April 3.

The US Citizenship and Immigration Services (USCIS) receives far more visas applications than the Congressional mandated limit of 65,000 in the general category and 20,000 for foreign students.

As a result, successful applicants are expected to be determined by the through a lottery system.

The agency resorts to a computerised draw of lots if the number of H-1B visa applications crosses the Congressional allotted quota in the first five days after it starts accepting the petitions every year in the month of April.

Two Portland firms — Tenrec Inc and Walker Macy — filed a case against the lottery system.

In his 31-page order last week, US District Court Judge Michael Simon upheld the USCIS’s argument that a H-1B visa application is not considered as filed unless a lottery determines it.

“Because Congress left to the discretion of the USCIS how to handle simultaneous submissions, even if petitions are considered ‘filed’ immediately upon delivery, the USCIS has discretion to decide how best to order those petitions,” Simon said.PTI