[KorematsuFred]

> s at the very least it means that they have spent more money on an American business (IE, the univerity).

I am not sure why it matters. Good chance the university is a visa mill and setup specifically for f1 to h1b transition like the recent DHS sting revealed. Such businesses needlessly muddle edu-sector and destroy capital on things that solely exist to bypass government red tape. It adds to economic inefficiency of the society.

Also, that is not the reason USCIS has given. "They spent money on USA business" is the criteria than the law should explicitly state that and everyone can then compete. My wife arrived on H4 and lost to H1B lottery twice. In that time she converted to F1 and then got her OPT is a small college. The degree was worthless and we spent $25K on her education. That enabled her to win H1B lottery in her third attempt in master's cap. Technically beneft to US society was significantly more if she had got her H1B in first attempt.

But that is not the point I am making. My central point is that USCIS policy clearly (I am not sure how much more clear it can get than that text) violates the law passed by Congress. USCIS at the very least need to provide credible evidence as to why this new system is better, why someone with US masters degree be automatically assumed to be higher skilled and based on what evidence and how it links to BAHA executive order whose pretext is being used for such changes. H1B visa is not meant for "high skilled" any ways. It is meant for specialized skill that is in short supply in USA. So there is a violation of far basic principles there too.

Any ways an injunction will prove my point.