105 days passed with no approvals. Many of us are out of our grace periods. @USCIS did not give any flexibility nor extend the grace period to students who are negatively impacted by this #OPTdelay. We have filed the lawsuit against this system failure. @AliMayorkas
Fraud in the #H1B visa hurts legitimate H-1B employers and employees. Pre-registration H-1Bs were costly and difficult to commit fraud with, can you imagine the rampant abuse with a simple $10 registration? I can.
https://t.co/Z6zyTpQn8G
Press: There's going to be fraud online. The online registration rule wasn't created to find fraud, it was to make the H-1B lottery easier. USCIS have to shift enforcement mechanisms to adapt to the reality of fraud.
Judge: This does strike me as a tricky issue and he sees how the plaintiffs could feel cheated here. He denies the TRO. He does intend to consider the preliminary injunction on an expedite basis.
Me: The govt counsel is at pains to say that the old process was good as picking out fraud. He's not saying anything about the current process being good with fraud.
The judge is now probing about enforcement of bona fide employment analysis by USCIS. USCIS seems to be saying that it does it on the back end (petition filing) vs. on the front end (H-1B lottery registration).
My colleague @jwhollis will live tweet our emergency hearing on the H-1B visa lottery in a few minutes. In #LiuvMayorkas we asked the court to order USCIS to stop allowing fraudsters to get "fake lottery tickets" but they ran the secondary lottery anyway.
My colleague @jwhollis will live tweet our emergency hearing on the H-1B visa lottery in a few minutes. In #LiuvMayorkas we asked the court to order USCIS to stop allowing fraudsters to get "fake lottery tickets" but they ran the secondary lottery anyway.
Judge has denied our Temporary Restraining Order in #LiuvMayorkas - "this does strike me as a tricky issue" - and understands "plaintiffs feel that they've been cheated" but TRO is a "drastic remedy." Will still consider our preliminary injunction (& rest of the case of course).
@USCIS just disclosed in a filing in response to our TRO to stop the Secondary H-1B lottery that 48% of the 308,613 were filed by U.S. Master's Degree holders for the 20,000 Master's Cap. Washington, we have a problem.
Today at 4:00 pm, we will have a hearing on the TRO in the #H1BLotteryAbuse case. Here is a public line for the call. Anyone who calls in will not be able to address the Court. It is strictly listen-only:
Toll-Free Number: 877-336-1831
Access Code: 4509718
#Liu#H1BLotteryAbuse case We have just filed a TRO to stop the filing of H-1B petitions by individuals chose in the secondary lottery today who filed multiple applications through multiple employers.
@ckuck@USICS In this case, since USCIS's action was against plaintiffs' interest despite the pending motion, would it be fair to ask for relief that grants us H1b in the court?