A place in line, not a rejection based on a computerized lottery, is what employers and employees are seeking in a soon-to-be-filed class action lawsuit challenging the H-1B lottery process. Unlike the lottery, however, there is no need to cross your fingers on this filing, as the law is as plain as a pikestaff. A lottery process for H-1B quota distribution is not authorized by law. Instead, the law states H-1B numbers are to be provided based on filing date order. The reasons that the H-1B lottery is illegal are outlined in our earlier BLOG and PODCAST. The DRAFT LAWSUIT (in the form of the motion for summary judgment) is now available for review for the first time, before it is filed with the federal courts. The lawsuit seeks the opportunity to resubmit rejected H-1B petitions and receive a priority date and place in line for future available H-1B numbers, so that rejected petitioners and beneficiaries do not have to endure another random lottery. H-1B lottery victims may register their contact information on the H-1B LOTTERY LAWSUIT page and receive updates on the lawsuit, or register to be considered as a plaintiff. You may also read the FAQ for more information.
UPDATE - June 2, 2016 - the class action lawsuit has been filed in federal court.