Business and the Workforce

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

All Business and the Workforce Content

Publication Date: 
February 16, 2023

New research from the American Immigration Council, Economic Benefits of the Empire State Licensing: Immigrants in New York State’s Workforce, highlights the crucial role of immigrants and...

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September 21, 2022
To address significant shortages of physicians and other healthcare workers, Texas must establish policies that recruit and retain local talent and give employment possibilities for immigrant...
Workers on a factory line
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July 13, 2022
This year’s Labor Market Series will explore a variety of issues at the intersection of the U.S. economy and immigration.
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July 11, 2022

New research from the American Immigration Council, The Economic Contributions of Immigrants in Texas, highlights the crucial role of immigrants in the state’s workforce across the manufacturing,...

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July 5, 2022
This fact sheet analyzes the essential role of immigrant workers in America's food production, particularly in the meat and dairy industries
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June 14, 2022
Recent federal policy changes have opened up new avenues for American businesses of all sizes to connect with talented researchers and other highly-skilled individuals in the STEM fields. The...
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June 14, 2022
Foreign-born workers make up a growing share of the country’s STEM workforce and are critical to the country’s innovation, and STEM workers are responsible for many of the cutting-edge ideas and...
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June 8, 2022
Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants.
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August 27, 2021
This fact sheet provides an overview about the legalization program through which certain undocumented farmworkers in the United States could earn legal status.
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July 8, 2021
Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. This fact sheet provides basic...
February 6, 2020
The American Immigration Council calls on USCIS to withdraw the Notice immediately as it contains significant changes that contravene long-established policy, harms an applicant’s access to administrative review, and was not issued under the proper legal framework under the Administrative Procedure Act.
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December 16, 2019
The American Immigration Council filed this brief in support of a U.S. employer’s challenge to the U.S. Citizenship and Immigration Service’s denial of a computer programmer H-1B petition.
November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

July 16, 2019
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.
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.
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.
With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years.
Under the Trump administration, we have seen an uptick in requests for additional information about petitions filed by U.S. employers on behalf of foreign-born workers. We also have seen greater numbers of denials of these petitions. According to the employers and their workers, these trends reflect unlawful adjudications across the board. In response to these changes, the Council filed two Freedom in Information Act requests.
This case is representative of the difficulties employers encounter when new occupations emerge to fill business needs which require at least a bachelor’s degree, but no consensus exists as to the degree requirement.
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.
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July 27, 2016
This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition.
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May 25, 2016
This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response.
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April 1, 2016
This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client's visa petition in federal court.
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June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

November 3, 2023

The H-1B program may undergo significant changes as early as October 1, 2024. The Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) recently published a 94-page...

November 2, 2023

As the national workforce shortage persists and is further exacerbated by the nation’s large aging population moving into retirement, businesses across the country are seeking solutions to address...

August 29, 2023

When Fortune released this year’s Fortune 500 list—the magazine’s iconic ranking of the year’s top-grossing American companies—one fact remained unchanged from previous years: the profound role...

August 2, 2023

The Taiwan Semiconductor Manufacturing Company (TSMC), a major Apple supplier, has delayed the production schedule for its Arizona chip plant to 2025. The company said it is having trouble finding...

July 31, 2023

Despite concerns expressed by stakeholders, U.S. Citizenship and Immigration Services (USCIS) has returned to a one-page format for Form I-9, Employment Eligibility Verification. What may seem...

January 26, 2023

The United States will need to fill nearly three-quarters of a million open jobs for home health and personal care aides every year through 2031. Currently, immigrant workers fill these jobs in...

January 19, 2023

Immigrant workers who are the victims of labor exploitation are often faced with a difficult choice. They can either stay quiet out of fear of deportation or come forward to report coercive...

December 15, 2022

From the displacement following the Russian invasion of Ukraine to migrant bussing across the United States, the immigration field has faced unique challenges this year while continuing to manage...

November 3, 2022

Do fewer U.S. workers get hired when employers also hire temporary seasonal labor from abroad? A new study of firms applying for H-2B visas suggests that the answer is no. The H-2B visa allows...

September 30, 2022

With job openings at nearly twice as high as the pre-pandemic norm, employers across the country are continuing to struggle to fill open positions and meet workforce needs. But they’re finding a...

July 20, 2022
The American Immigration Council released a report that examines the impact and contributions of immigrant workers in the United States’ meat and dairy industries.
June 9, 2022
The American Immigration Council released today a report that examines the role of immigrant entrepreneurs and their children in America’s economic success story. The report, “New American Fortune 500 in 2022: The Largest American Companies and Their Immigrant Roots,” found that 43.8%, or 219 companies, in this year’s Fortune 500 list were founded by immigrants or their children.
May 4, 2022
New data released today by the American Immigration Council examines how immigration can help meet labor demands and steer the U.S. economy back on track. The report, “Amid Rising Inflation, Immigrant Workers Help Ease Labor Shortages,” analyzes which occupations are expected to increase between 2020 and 2030.
April 1, 2022
National nonprofits American Immigration Council and Welcoming America announce a new level of support through Implementation Technical Assistance and seed grant funding for six communities as part of Round IV of the Gateways for Growth Challenge (G4G)
February 4, 2022
The U.S. House of Representatives passed an economic competitiveness bill focused on advancing the United States’ innovation and global competitiveness, which also proposes reforms to U.S. immigration law to help attract and retain immigrant talent.
January 21, 2022
The Biden administration announced new efforts to modernize parts of our immigration system, and remove barriers to legal immigration. DHS will add 22 new fields of study in the STEM Optional Practical Training program through the Student and Exchange Visitor Program, and will implement a series of additional changes to allow foreign students, scholars, and researchers to come to the United States and make meaningful contributions to America’s scholarly, research and development, and innovation communities.
November 11, 2021
Five workers in the United States filed a nationwide class action lawsuit today challenging unlawful log-jam and extreme delays at U.S. Citizenship and Immigration Services that have resulted in the government’s failure to process the work authorization renewals for asylum seekers.
October 28, 2021
The federal district court in the Northern District of California approved a settlement in a class action lawsuit challenging USCIS' pattern and practice of arbitrarily denying H-1B petitions for market research analyst positions filed by businesses in the United States.
March 12, 2021
A federal lawsuit filed on behalf of seven U.S. businesses challenges USCIS arbitrary rejection of H-1B nonimmigrant employment-based petitions filed after October 1 solely because the H-1B worker’s intended employment start date falls after October 1.
November 18, 2020
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.
July 2, 2024
New data analysis by the American Immigration Council found that migrant farm workers are playing a key role in feeding Americans, even as they are increasingly vulnerable to extreme heat.
May 9, 2024

On April 29, the Department of Labor (DOL) published a new rule aimed at protecting workers on temporary H-2A visas and strengthening the agency’s oversight of their employers. The rule is set to...

Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
April 4, 2024
Immigrants play a crucial role in the labor force in southern Maine, according to data in a new report.
March 8, 2024

Since its conception in 1977, International Women’s Day has evolved into a global celebration highlighting women’s achievements and the challenges they face. The holiday’s origins can be traced...

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March 7, 2024
The American Immigration Council appeared before Congress to discuss the need for Congress to overhaul the asylum system.
February 16, 2024

Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) recently issued a final rule that changes H-1B registration selection and makes other changes related to the...

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January 8, 2024
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.
November 20, 2023

When asylum seekers come to the United States, they want to work—but an outdated immigration statute is making that more difficult than it needs to be. After filing an asylum application, asylum...

November 17, 2023

Written by Steven Hubbard, Senior Data Scientist and Leslie Dellon, Senior Attorney (Business Immigration) The White House’s recent executive order on artificial intelligence marks an important...

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