Lawsuit seeks to replace H-1B lottery with a filing-date-based system
Two firms whose job candidates lost the H-1B visa lottery have filed a lawsuit that seeks to end the current distribution system based on luck.
The lawsuit says there is "no legal justification" for the visa lottery and wants it replaced by a system that issues H-1B visas in the order they are received.
This complaint, filed in U.S. District Court in Oregon, is brought by Tenrec Inc., a web development firm. It had filed a visa petition for a citizen of Ukraine for the position of lead developer. A second company, Walker Macy LLC, a landscape architecture, urban design and planning firm, filed a petition to hire a citizen of China for a position as landscape designer. Neither visa candidate won the most recent lottery.
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