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Valorem, an IT consulting company, petitioned to employ a software developer for three years in H-1B status as part of a project development team at its office. Initially, USCIS denied the petition, but later – after Valorem, represented by AILA member Susan Bond, filed suit – approved it for one year.
August 29, 2014
The Board of Alien Labor Certification Appeals (BALCA), the administrative body at the Department of Labor that reviews denials of PERM labor certifications, concluded that the Certifying Officer (CO) had the discretion, but not the obligation, to request missing documentation. BALCA failed to address arguments made by the Council and AILA in their amicus brief: that due process and fundamental fairness, as well as the PERM regulatory structure, require the CO to request supplemental documentation when the employer’s compliance with documentation requirements is evident from the record.
November 7, 2013
The Council and AILA filed an amicus brief in an en banc case pending before BALCA, an administrative body at the Department of Labor that reviews denials of PERM labor certifications. The case turned on the proper interpretation of a regulation which requires employers to notify certain laid-off U.S. employees about new job opportunities before the employers are permitted to hire foreign workers. The brief focused on the agency’s failure to provide fair warning before applying a new, more restrictive interpretation of the notification requirement.
On behalf of AILA, the American Immigration Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit against DHS and USCIS in July 2010 seeking the public release of records concerning agency policies and procedures related to fraud investigations in the H-1B program.
On July 17, 2007, the American Immigration Council was poised to file a lawsuit alleging that the federal government’s refusal to accept tens of thousands of applications for green cards (and discouragement of thousands of other workers from even applying) violated federal statutes, regulations and policies, as well as the U.S. Constitution. Many of these applicants had waited in line for years and were following the government’s rules to obtain a green card. The suit would have argued that the government must comply with its own regulations and policies and accept these adjustment of status (“green card”) applications.

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit in July...

In May 2012, the American Immigration Council filed a FOIA request seeking records issued by USCIS and/or DHS, or used by USCIS and/or DHS, from January 2008 to the...

June 20, 2013
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.
May 13, 2010
This Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The Advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions.
April 5, 2006
This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts. The government has asserted this jurisdictional bar in employment-based, family-based, and humaritarian-based immigration cases.
December 18, 2018

In 2018 alone, the Center for Disease Control has been called to investigate 24 instances of foodborne disease outbreaks, marking the highest number of investigations since 2006. These recent...

December 7, 2018

Just months short of the normal starting date for the annual H-1B petition process, USCIS has proposed major changes. U.S. employers who rely on this visa category, which is for jobs that require...

September 20, 2018

Every year, the Census Bureau releases new data from its American Community Survey (ACS), which contains a wealth of information about the characteristics of the U.S. population. Without fail,...

August 22, 2018

Many immigrants bring advanced expertise when they come to the United States, but those skills are often underutilized. Due to a range of complex factors, such as professional credentialing and...

July 13, 2018

Kitchens, restaurants, and housekeeping departments in high-end resorts are often staffed with foreign seasonal workers, who arrive into the United States during peak vacation months. American...

June 8, 2018

More than 100 workers were arrested at a gardening and landscaping company in northern Ohio on Wednesday, marking another massive employment crackdown under the Trump administration. This raid...

May 23, 2018

In a rare show of bipartisanship, 130 members of Congress sent a letter to Department of Homeland Security (DHS) Secretary Kirsten Nielsen urging her to maintain the current regulation granting...

May 22, 2018

When immigrants bring their skills to the U.S. labor market, everyone—immigrants and native-born workers alike—benefit from their company. Research has repeatedly shown that native-born workers...

May 10, 2018

As U.S. Citizenship and Immigration Services (USCIS) begins adjudicating H-1B petitions subject to the Fiscal Year (FY) 2019 “cap,”—the annual limit on the number of visas that will be made...

May 7, 2018

Failure to get H-2B (seasonal worker) visas approved has put Maryland’s seafood industry in jeopardy. Almost half of the Eastern Shore’s crab houses do not have workers they need to pick the meat...

January 24, 2019

Citing high rates of visa overstays, on January 18 the Department of Homeland Security (DHS) published a new rule mostly barring nationals from the Dominican Republic, the Philippines, and...

January 3, 2019

January 2 marked the final day for comments on a proposed rule by U.S. Citizenship and Immigration Services (USCIS) that would implement a new registration requirement for H-1B visas for well-...

In recent years, U.S. Citizenship and Immigration Services (USCIS) has been denying H-1B petitions for jobs that the agency previously approved as being in a specialty occupation. This case is representative.
December 18, 2018

In 2018 alone, the Center for Disease Control has been called to investigate 24 instances of foodborne disease outbreaks, marking the highest number of investigations since 2006. These recent...

December 7, 2018

Just months short of the normal starting date for the annual H-1B petition process, USCIS has proposed major changes. U.S. employers who rely on this visa category, which is for jobs that require...

The denials of employment-based petitions must end. This suit challenges the policy changes that restrict employers’ lawful use of H-1B workers.
September 20, 2018

Every year, the Census Bureau releases new data from its American Community Survey (ACS), which contains a wealth of information about the characteristics of the U.S. population. Without fail,...

August 22, 2018

Many immigrants bring advanced expertise when they come to the United States, but those skills are often underutilized. Due to a range of complex factors, such as professional credentialing and...

August 20, 2018
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
August 2, 2018
A judge ordered last week that United States Citizenship and Immigration Services (USCIS) must adjudicate work authorization applications for asylum seekers within the prescribed 30-day deadline.

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