DHS Avoids Suit Over Anti-Collusion Requirement on H-1B Petition

The US Department of Homeland Security escaped a lawsuit challenging its H-1B petition requirement that prospective employers attest that they haven’t coordinated with other companies to increase a beneficiary’s chances of being selected in the lottery.

The worker who brought the suit lacks standing to bring any of his claims against the agency because his purported injuries are traceable to his employer’s alleged fraud and subsequent withdrawal of its H-1B petition, Judge Paul G. Gardephe of the US District Court for the Southern District of New York wrote in a Monday order dismissing the case without prejudice.

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