Employment Based Immigration

Employment Based Immigration

Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation

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

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

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

Restrictions on Foreign Workers Will Hurt America’s Recovery From COVID-19

Restrictions on Foreign Workers Will Hurt America’s Recovery From COVID-19

The Trump administration issued two rules October 8 that, if not overturned, will further restrict legal immigration. The Department of Homeland Security (DHS) issued the first rule, which only applies to H-1B workers. This rule further limits an employer’s ability to demonstrate that its job is in a “specialty… Read More

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

This document provides a summary of the Department of Homeland Security’s September 25, 2020, Proposed Rule, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.” The summary explains the changes DHS is proposing… Read More

Federal Judge Limits Trump Administration’s Foreign Worker Ban

Federal Judge Limits Trump Administration’s Foreign Worker Ban

On October 1, a federal judge ordered the Trump administration to stop enforcing parts of a presidential proclamation that banned many foreign workers from entering the United States. The court found that the president likely did not have the authority to issue the ban. Who does the ruling impact? The… Read More

How Trump’s COVID-19 Immigration Ban Has Impacted Family-Based Immigration

How Trump’s COVID-19 Immigration Ban Has Impacted Family-Based Immigration

The Trump administration is successfully using the COVID-19 pandemic as a pretext to alter the U.S. system of legal immigration. New government data makes clear that these changes will significantly increase employment-based immigration at the expense of people in the family categories—and without any involvement by Congress. On March 20,… Read More

Requesting Attorneys' Fees Under the Equal Access to Justice Act

Requesting Attorneys’ Fees Under the Equal Access to Justice Act

In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions. Read More

Farmworkers Need Better Support to Survive COVID-19

Farmworkers Need Better Support to Survive COVID-19

The dangers to America’s farmworkers—primarily immigrant men from Mexico with temporary H-2A visas—have long persisted under a system that is ripe for abuse. But those risks have only grown since the coronavirus pandemic erupted in the United States this March. A lack of workplace protections, crowded housing, and no… Read More

The Trump Administration Expands Legal Immigration Ban, Using COVID-19 Pandemic as Excuse

The Trump Administration Expands Legal Immigration Ban, Using COVID-19 Pandemic as Excuse

The Trump administration has banned foreign nationals on certain employment-based nonimmigrant visas from entering the United States. The new ban begins June 24, at 12:01 am ET. The administration also extended its April 23 ban on the entry of certain immigrants, which would have expired on June 22. These… Read More

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