Business and the Workforce
Immigrants not only bring diverse skills and perspectives to the U.S. workforce, they often fill employment gaps in crucial fields. We advocate for expanded work visas and related programs so our labor force can continue to benefit from immigrant workers and remain competitive in the global economy
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act. Read More
Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions filed by businesses in the United States. Read More
USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists
U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the… Read More
Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking
The Council filed an amicus brief supporting plaintiffs’ preliminary injunction and summary judgment motion that the government did not satisfy the stringent requirements necessary to sidestep notice and comment rulemaking. Read More
Letter Opposing the Department of Labor’s High-Skilled Wage Rule
The letter explains why the Interim Final Rule does not protect U.S. workers and directly interferes with an employer’s ability to obtain the H-1B workers it needs and outlines six reasons why the Interim Final Rule should be rescinded. Read More
American Immigration Council Joins President-Elect Joe Biden in Making a Fair and Welcoming Immigration System
Joseph R. Biden has been elected to serve as the 46th president of the United States. In the months ahead, we look forward to working with the Biden-Harris administration to advance a pro-immigration agenda that respects the dignity of all people. Read More
Three New Lawsuits Challenge Trump’s H-1B Worker Restrictions
Three new lawsuits have been filed challenging the Department of Labor’s (DOL) new rules impacting the H-1B visa category, with one also challenging the Department of Homeland Security’s (DHS) new H-1B rule. The complaints argue that the new H-1B rules will make it near impossible for many U.S. businesses to… Read More
Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system. Read More
How Proposed Changes to ‘Duration of Status’ Rules Will Impact Students and Exchange Visitors
The Department of Homeland Security (DHS) has published a proposed rule that will make it more difficult for individuals applying for admission in a J-1 exchange visitor or F-1 student visa category to complete their programs, apply for extensions, and even secure these opportunities in the first place. Exchange visitors… Read More
Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services." Read More
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