H-1B Lottery (How Does it Work?)
The American Immigration Lawyers Association (AILA), via its Board of Governors, has taken decisive legal action, filing a federal court complaint to block a proposed or recently enacted change to the H-1B cap lottery selection process. The core of the legal challenge centers on preventing the implementation of a rule that shifts the selection mechanism from the long-standing random drawing to a system weighted by wage level.
AILA argues that a wage-based system fundamentally and illegally transforms the H-1B program from a means for U.S. employers to hire highly-skilled foreign professionals into an auction where the visa slots go to the highest bidder.
The complaint emphasizes the devastating impact the wage-based rule would have on the American economy and labor market diversity.
- Non-profit organizations and educational institutions, which often cannot compete with private-sector salaries.
- Start-ups and small businesses with lower operating costs.
- Positions in rural or lower-cost-of-living areas, where prevailing wages are naturally lower.
- Recent international graduates seeking essential entry-level roles, weakening the pipeline of U.S.-educated global talent.
Five business and nonprofit organizations by AILA. AILA Board members Jeff Joseph of Joseph and Hall PC, Charles Kuck of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC filed a complaint against DHS to enjoin the USCIS final rule creating a wage-based selection process for H-1B Lottery. AILA’s Director of Federal Litigation Jesse Bless stated, “Choosing highly-skilled workers solely on the basis of wages arbitrarily aligns a worker’s pay with value, something wrong and non-American.”
The lottery is one of many stages in the H1B application process.
First, applicants must have a sponsor lined up to support their application. The registration requires only brief details relating to the applicant.
