Bloomberg Law
Dec. 13, 2021, 5:52 PM

Skilled Worker Visa Lottery Fraud Suit Survives Dismissal Effort

Andrew Kreighbaum
Andrew Kreighbaum

A lawsuit alleging rampant fraud in an online registration system for high-skilled worker visas can move forward, a federal judge ruled, rejecting a motion to dismiss from the Department of Homeland Security.

Several hundred H-1B visa applicants filed suit against the agency in June arguing the system created by a 2019 Trump rule had led to an industry of consulting firms that registered multiple times on some applicants’ behalf using fake employers, artificially inflating their chances in a lottery for the visas.

The current selection process is based on the total number of registrations rather than the number of individual ...