Employment Based Immigration
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
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
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
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
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
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
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