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May 13, 2013
How High-Skilled Immigrants Create Jobs and Help Build the U.S. Economy With the U.S. economy still recovering, it may seem counterintuitive to believe that any industry would benefit from having...
May 13, 2013
Innovation, Skilled Immigration, and H-1B Visas in U.S. Metropolitan Areas Although immigration policy is debated at the national level, its impact is most often felt in local and regional...
March 1, 2013
In the spirit of bipartisan immigration reform, a geographically diverse contingent from both chambers of Congress have introduced legislation to strengthen high-skilled immigration and spur economic...
March 15, 2012
The political discourse surrounding the incorporation of immigrants into the U.S. labor market tends to sort immigrant workers into two broad and mutually exclusive categories: high-skilled workers...
March 4, 2012
With the U.S. economy in the midst of a prolonged slump, it’s hard to believe that any industry would actually benefit from having more workers. But that is precisely the case when it comes to those...
January 25, 2012
There is widespread agreement across a number of key economic planning groups that immigrant entrepreneurs create jobs and strengthen the economy. Yet, the U.S. immigration system often forces out...
December 8, 2011
When Americans picture an immigrant entrepreneur, they likely imagine a man who began the migration of his family, later bringing his wife over to become a volunteer assistant in the shop. This image...
March 30, 2011
It might seem that persistently high unemployment rates over the past few years have rendered moot the debate over whether or not the United States really “needs” the highly skilled foreign workers...
June 23, 2010
The 2000 Census found that immigrants, while accounting for 12 percent of the population, made up nearly half of the all scientists and engineers with doctorate degrees. Nearly 70 percent of the men...
July 14, 2009
Anti-immigrant groups have repeatedly tried to drive a wedge between African Americans and immigrants by capitalizing on the myth that immigrants take American jobs. In a new Perspectives piece for...
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.
March 17, 2015
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.
December 15, 2014
The Council, with AILA, filed an amicus brief arguing that a district court has jurisdiction to review procedures followed by USCIS to revoke an employment-based visa petition. Amici argue that INA § 242(a)(2)(B), which limits judicial review over certain discretionary decisions, does not preclude review over the question of whether USCIS was required to provide notice of the visa petition revocation proceedings to the beneficiary. This is particularly true where, as in this case, the beneficiary had utilized the “porting” provision of INA § 204(j) to change employers more than 2 ½ years earlier, but USCIS issued its notice of intent to revoke only to the former employer and revoked the petition when the former employer did not respond.
Valorem, an IT consulting company, petitioned to employ a software developer for three years in H-1B status as part of a project development team at its office. Initially, USCIS denied the petition, but later – after Valorem, represented by AILA member Susan Bond, filed suit – approved it for one year.
August 29, 2014
The Board of Alien Labor Certification Appeals (BALCA), the administrative body at the Department of Labor that reviews denials of PERM labor certifications, concluded that the Certifying Officer (CO) had the discretion, but not the obligation, to request missing documentation. BALCA failed to address arguments made by the Council and AILA in their amicus brief: that due process and fundamental fairness, as well as the PERM regulatory structure, require the CO to request supplemental documentation when the employer’s compliance with documentation requirements is evident from the record.
November 7, 2013
The Council and AILA filed an amicus brief in an en banc case pending before BALCA, an administrative body at the Department of Labor that reviews denials of PERM labor certifications. The case turned on the proper interpretation of a regulation which requires employers to notify certain laid-off U.S. employees about new job opportunities before the employers are permitted to hire foreign workers. The brief focused on the agency’s failure to provide fair warning before applying a new, more restrictive interpretation of the notification requirement.
On behalf of AILA, the American Immigration Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit against DHS and USCIS in July 2010 seeking the public release of records concerning agency policies and procedures related to fraud investigations in the H-1B program.
On July 17, 2007, the American Immigration Council was poised to file a lawsuit alleging that the federal government’s refusal to accept tens of thousands of applications for green cards (and discouragement of thousands of other workers from even applying) violated federal statutes, regulations and policies, as well as the U.S. Constitution. Many of these applicants had waited in line for years and were following the government’s rules to obtain a green card. The suit would have argued that the government must comply with its own regulations and policies and accept these adjustment of status (“green card”) applications.

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit in July...

In May 2012, the American Immigration Council filed a FOIA request seeking records issued by USCIS and/or DHS, or used by USCIS and/or DHS, from January 2008 to the...

March 4, 2020

The Trump administration has worked to close the door on all types of immigrants—including people trying to come to the United States on visas. Consequently, the United States is experiencing a...

February 26, 2020

For the first time, U.S. Citizenship and Immigration Services (USCIS) is requiring U.S. employers to register in order to have a chance to file an H-1B petition that is subject to the annual...

January 16, 2020

The new process for petitioning for highly educated H-1B workers will officially begin on March 1, 2020. For the first time, a U.S. employer who wants to file a petition that is subject to the...

December 12, 2019
U.S. Citizenship and Immigration Services (USCIS) recently announced that U.S. employers will have to pay a $10 fee and register to have a chance at filing an H-1B petition subject to the statutory “...
November 8, 2019

The Trump administration, acting through U.S. Citizenship and Immigration Services (USCIS), is disrupting the process by which U.S. employers obtain work authorization for highly skilled foreign...

November 1, 2019

At a time when skills related to the burgeoning field of Artificial Intelligence (AI) are in very short supply, the U.S. government is making it harder to recruit highly trained professionals from...

October 1, 2019

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...

September 17, 2019

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...

August 16, 2019

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...

July 30, 2019

From the highest levels of corporate America to virtually every level of the labor force, immigration creates new jobs in the U.S. economy. The businesses founded by immigrant entrepreneurs...

May 20, 2020

The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State’s Exchange Visitor Program. These...

May 15, 2020

The coronavirus pandemic has highlighted the importance of essential workers in keeping America up and running. First-responders, medical staff, meat packers, and domestic, hospitality, and...

May 13, 2020

A long-running lawsuit over a rule allowing certain spouses of highly educated H-1B workers to work in the United States took an interesting twist. The U.S. Department of Homeland Security (DHS),...

May 1, 2020

The coronavirus presents a clear and immediate danger to America’s food supply. Meatpacking plants in particular have taken a huge hit. To mitigate the loss of production, President Trump signed...

April 22, 2020
President Donald Trump signed an executive order to temporarily suspend immigration to the United States. The order applies to many individuals currently outside the United States who do not yet have immigrant (permanent) visas.
April 17, 2020

U.S. Citizenship and Immigration Services (USCIS) has been denying many H-1B petitions by misinterpreting the law. On April 16, 2020, the American Immigration Council and partners filed a...

April 16, 2020

Individuals participating in the J-1 Visa Exchange Visitor Program were faced with a difficult choice in the hours after President Trump issued travel restrictions to Europe: leave their program...

April 16, 2020
The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States.
This nationwide class action lawsuit challenges 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 United States businesses.
April 7, 2020

The U.S. agricultural industry depends on seasonal guest workers to produce the food Americans eat. Since 1986, the H-2A visa program has allowed employers to fill labor shortages with temporary...

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