Employment Based Immigration
Agency Delay Litigation: Opposing a Motion to Dismiss
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response. Read More
USCIS Implemented New H-1B Wage Level Policy Without Providing Sufficient Guidance to Its Staff
Newly released documents obtained under the Freedom of Information Act (FOIA) reveal that U.S. Citizenship and Immigration Services (USCIS) rolled out a major policy change impacting petitions for H-1B workers without sufficient training to officers deciding the petitions. The records reveal troubling insights into what likely… Read More
US Visa Policies Prevent Tech Startups From Hiring Foreign Workers
Tech startups are engines of innovation, economic growth, and job creation. Yet U.S. visa policies may be preventing startups from hiring the highly skilled foreign professionals they need to succeed. A new study looks at foreign and U.S.-born workers who recently graduated from American universities. Researchers… Read More
USCIS Visa Petition Denials on the Rise
Legal immigration channels to the United States are continuing to suffer under the Trump administration. These restrictions are having an effect on employment-based immigration—particularly petitions for temporary foreign workers. American businesses file such petitions in order to hire and retain foreign-born workers who make vital contributions to companies, industries, and… Read More
Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests. Read More
U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties
As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued. Read More
U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial of Market Research Analyst Job
In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties. Read More
Statement for the Senate Committee on the Judiciary on High-Skilled Immigrant Workers
The statement discusses the powerful role that immigration has played in developing a strong and competent work force for the 21st century, especially in regards to the science, engineering, technology, and math (STEM) fields. Read More
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