A few weeks before H-1Bs will be filed subject to a random lottery, an Oregon judge dismissed a lawsuit challenging the H-1B lottery system, granting summary judgment to United States Citizenship and Immigration Services, Ceridwen Koski of Ogletree, Deakins, Nash, Smoak & Stewart PC writes in JD Supra Advisor. The plaintiffs had argued that a waiting list should be used because the statute requires that visas must be issued in the order in which they are filed. The court found that the statute is silent on how to handle petitions received in excess of the cap (a waiting list is not part of the statutory protocol) and that silence leaves room for agency discretion.