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H-1B Employers Sue USCIS Over ‘Arbitrary’ Worker Start Dates (1)

March 12, 2021, 5:05 PMUpdated: March 12, 2021, 9:05 PM

A group of employers is suing U.S. Citizenship and Immigration Services following the agency’s rejection of their H-1B petitions with start dates after Oct. 1, contending no law requires the specialty occupation visa workers to begin jobs on that day.

The issue arises from USCIS conducting the first-ever second H-1B lottery to satisfy the annual visa limit. The seven plaintiff companies were selected Aug. 11 and directed to file petitions for their visa workers between Aug. 17 and Nov. 16.

For petitions filed after Oct. 1, the suing employers set their workers’ start dates after the Oct. 1 start of ...