On 5/17/2021 five nonprofit organizations and businesses, represented by the American Immigration Lawyers Association (AILA) and multiple law firms sued to enjoin the final rule published January 8, 2021 entitled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, which is also known as the H-1B lottery rule. This is the rule that would award H-1B visa numbers based on the highest wages offered.
Jesse Bless, AILA’s Director of Federal Litigation stated, "This rule has been unlawful since its inception under the Trump administration and promulgation under former DHS official Chad Wolf. District courts have repeatedly and unanimously ruled that Mr. Wolf lacked the authority to change immigration policy. Even if Mr. Wolf could have promulgated the H-1B rule, it’s substantively unlawful because it directly contravenes U.S. immigration law. Choosing highly-skilled workers solely on the basis of wages arbitrarily aligns a worker’s pay with value, something wrong and unAmerican."