H1B program is at least 22 years old. It is a major gateway magnet of the best and the brightest talent and enterprise into the US from across the world. US Congress enacted ACWIA in 1998 to plug loopholes; in spite the US Government has not yet acted on a key provision to enable H1B complainant's to not suffer but mitigate and prosecute, first via the USWHD WH4 complaint process, and later via a judicial review of agency action. During H1B final rule making in 2000 the AILA promptly recommended that a victim claiming retaliation must be accorded an EAD and an interim status for the duration the complaint is investigated, adjudicated, and reviewed; else, the H1B oversight that is complaint driven is compromised. Likewise, for H1B enforcement victims who lose jobs, including tenured jobs.



