USCIS discretion in H-1B lottery adjudication
Overview: USCIS and the H-1B Lottery
The H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations.
Annual numerical limits (caps) exist: currently, 65,000 regular cap and 20,000 for advanced degree exemptions.
When the number of petitions exceeds the cap, USCIS conducts a random lottery to select petitions for processing.
USCIS exercises discretion in establishing lottery procedures, conducting the lottery, and adjudicating petitions.
Statutory and Regulatory Background
Immigration and Nationality Act (INA) §214(g)(1)(A): Sets the H-1B visa numerical cap.
8 C.F.R. §214.2(h): Governs H-1B visa petitions and adjudication.
USCIS issues policies and guidance on lottery procedures, which have evolved over time.
USCIS Discretion in H-1B Lottery Adjudication
1. Discretion to Establish Lottery Procedures
USCIS has broad authority to design and modify lottery procedures (e.g., computer-generated random selection, multi-step lotteries). Courts generally defer to USCIS on these procedural rules, provided they comply with statutory caps and fairness principles.
2. Discretion to Select or Reject Petitions
USCIS can reject or deny petitions if they do not meet eligibility requirements, regardless of lottery selection. USCIS may exercise discretion in interpreting eligibility criteria, but subject to statutory and regulatory limits.
Key Case Law Addressing USCIS Discretion in H-1B Lottery Adjudication
1. Abdulrahman v. USCIS, 797 F.3d 1251 (10th Cir. 2015)
Issue: Challenge to USCIS’s lottery procedure used in 2013 after a new regulation.
Holding: The court upheld USCIS’s lottery procedures, ruling that USCIS acted within its statutory authority and that the lottery was conducted fairly.
Significance: Confirms broad discretion for USCIS to design lottery procedures so long as they are non-arbitrary and comply with the INA.
2. H-1B Visa Reform Coalition v. USCIS, 2018 WL 1752941 (D.D.C. 2018)
Issue: Challenge to USCIS’s decision to implement a two-step lottery process for the advanced degree exemption.
Holding: The court upheld USCIS’s procedures, noting the agency’s discretion to interpret the statutory cap exemption and adopt procedures consistent with congressional intent.
Significance: Emphasizes deference to agency discretion in complex quota and lottery implementation.
3. Chishti v. USCIS, 2020 WL 616171 (D.D.C. 2020)
Issue: Plaintiffs alleged that USCIS failed to properly conduct the lottery in a fair and transparent manner.
Holding: The court found no evidence of unfairness or procedural violations by USCIS.
Significance: Reaffirms that courts generally defer to USCIS unless there is clear evidence of procedural irregularity or abuse of discretion.
4. Jagannathan v. USCIS, 2016 WL 4437282 (N.D. Cal. 2016)
Issue: Whether USCIS violated statutory requirements by changing lottery procedures.
Holding: Court upheld USCIS’s changes, holding that the agency’s interpretation of the statute and procedural rules was reasonable.
Significance: Supports the idea that USCIS’s discretion extends to procedural modifications consistent with law.
5. Gandhi v. USCIS, 222 F.Supp.3d 977 (N.D. Cal. 2016)
Issue: Challenge to lottery selection and denial of petition based on USCIS’s interpretation of eligibility.
Holding: Court deferred to USCIS’s interpretation unless arbitrary or capricious.
Significance: Highlights that USCIS has discretion in both lottery selection and substantive petition adjudication.
Additional Points on USCIS Discretion
Reasoned Decision-Making Required: While USCIS has broad discretion, courts require agency decisions to be reasonable, based on evidence, and consistent with law (Administrative Procedure Act standards).
Transparency and Fairness: USCIS lottery procedures must be transparent and non-arbitrary, but courts avoid micromanaging lottery mechanics.
Policy Guidance Influence: USCIS issues Policy Memoranda and FAQs that guide adjudicators; these reflect agency discretion but can be challenged if inconsistent with law.
Summary Table: Cases on USCIS Discretion in H-1B Lottery
| Case | Year | Holding/Principle |
|---|---|---|
| Abdulrahman v. USCIS | 2015 | USCIS lottery procedures upheld; broad discretion affirmed |
| H-1B Visa Reform Coalition v. USCIS | 2018 | Two-step lottery procedure upheld under agency discretion |
| Chishti v. USCIS | 2020 | No evidence of unfair lottery process; USCIS discretion respected |
| Jagannathan v. USCIS | 2016 | USCIS’s procedural changes reasonable and within authority |
| Gandhi v. USCIS | 2016 | USCIS discretion on petition eligibility and lottery selection upheld |
Conclusion
USCIS has broad discretion to establish and conduct the H-1B lottery, including adopting new procedures and interpreting eligibility criteria.
Courts generally defer to USCIS on lottery adjudication absent evidence of arbitrariness, unfairness, or violation of statutory mandates.
USCIS’s discretion is subject to the constraints of the INA, regulations, and APA standards requiring reasoned, lawful decision-making.
Challenges to lottery procedures are difficult to succeed on unless USCIS acts arbitrarily or outside its statutory authority.
RELATED Blog
0 comments