No employer or individual filed a lawsuit against the weighted H-1B lottery, despite many attorneys proclaiming the rule unlawful. The rule in question shifts the H-1B lottery’s focus toward individuals with offers for high-paying positions. The new rule will apply to the FY2027 H-1B registration lottery, which runs from March 4 to March 19, 2026.
Details of the Rule
The new rule, implemented by the Department of Homeland Security (DHS) for this H-1B CAP season, prioritizes potential beneficiaries with offers for high-paying positions. Historically, the H-1B visa lottery chose beneficiaries at random.
Why There Have Been No Lawsuits
From the beginning, small businesses and their lawyers decried the change to the H-1B lottery, arguing it would harm their ability to compete for global talent. They argued the new weighted H-1B lottery was both unlawful and harmful.
Despite this, no group’s filed a lawsuit against the rule. According to Forbes, the main reason lies with fear around government retaliation. However, it’s possible lawyers could file a lawsuit after this year’s H-1B selection. Regardless, it’s too late to change the rule’s application to the H-1B visa lottery for this year.
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