Business and the Workforce

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June 14, 2017
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...
March 8, 2017
There are nearly 12 million immigrant (foreign-born) women workers in the United States today, comprising just over 7 percent of the total labor force.
November 18, 2016
From construction workers to gardeners, many low-wage immigrant workers are in fact quite skilled.
September 13, 2016
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...
August 22, 2016
Here's what you need to know about how USCIS calculates processing times, concerns about the published data, and how backlogs negatively impact people trying to move through the process.
May 26, 2016
The Exchange Visitor Program (EVP) initially brought scholars to the United States to teach or conduct research. Today, there are 14 categories of programs through which EVP participants can teach,...
April 1, 2016
This fact sheet provides an overview of the H-1B visa category and petition process, addresses the myths perpetuated about the H-1B visa category, and highlights the key contributions H-1B workers...
February 2, 2016
The Immigrant Investor Program, also known as “EB-5,” has become an increasingly important source of investment for development projects in the United States, attracting billions of dollars to the U...
December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

February 1, 2014
Foreign-born and foreign-trained professionals play an important role in the delivery of health care in the United States. This report examines the important role of immigrant doctors and nurses –...
February 28, 2017
The Council filed an amicus brief in a case pending before the Administrative Appeals Office (AAO), an administrative body at U.S. Citizenship and Immigration Services (USCIS) that reviews denials of most employment-based visa petitions.
On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council, in cooperation with Foley and Lardner, LLP, filed a lawsuit under the Freedom of Information Act against U.S. Customs and Border Patrol (CBP) seeking the public release of CBP’s Officers’ Resource Tool (ORT).

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with Hughes Socol Piers Resnick & Dym, Ltd., filed a lawsuit against USCIS and DHS seeking the...

Faced with increasing reports from immigration lawyers of EAD adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
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.
February 13, 2017
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the...
September 26, 2016
This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO.
September 14, 2016

This Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision.

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.
June 3, 2016
This Practice Advisory provides information to help practitioners assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
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.
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.
November 6, 2015

This Practice Advisory provides basic information about mandamus actions and suggests strategies and practice tips for bringing a mandamus action against the Department of Labor (DOL).

June 17, 2014
Litigants who are successful in their federal court cases against the government may be able to recover attorneys’ fees and costs under the Equal Access to Justice Act (EAJA). The American Immigration Council and National Immigration Project have reissued their Practice Advisory on EAJA. The Advisory discusses the statutory requirements for eligibility and other procedural and substantive aspects of filing a fee application under the Equal Access to Justice Act (EAJA).
June 20, 2013
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.
June 14, 2017

With the Trump administration threatening to limit the immigration of highly skilled foreign professionals to the United States, now is a good time to take stock of just how valuable those...

May 31, 2017

President Trump’s pick for the next director of U.S. Citizenship and Immigration Services (USCIS), Lee Francis Cissna, recently testified before the Senate Judiciary Committee. This was the first...

May 12, 2017

Some foreign students complete their stay in the United States by gaining professional experience in their field of study. Immigration restrictionists want to end that opportunity. For the second...

April 19, 2017

On April 18, President Trump signed the Presidential executive order on Buy American and Hire American. Similar to the other immigration-related executive orders, this one has no immediate effect...

April 17, 2017

Several media outlets have reported that on Tuesday, April 18, President Trump will sign an executive order mandating that the immigration agencies undertake a review of the H-1B visas...

April 7, 2017

U.S. employers are vying for the chance to hire skilled foreign workers, but once again, the annual H-1B cap has been reached within five business days. USCIS began accepting H-1B petitions on...

March 8, 2017

International Women’s Day is an appropriate time to take stock of the many ways in which immigrant women contribute to the labor force of the United States. Some of these contributions are often...

March 7, 2017

United States Citizenship and Immigration Services (USCIS) has announced it will halt premium processing of H-1B visa petitions on April 3, for up to six months. Through the H-1B visa category,...

January 18, 2017

The U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO), recently issued Matter of Dhanasar, which changes the standard that USCIS officers must follow when...

January 9, 2017

When President-elect Donald Trump is sworn in later this month, for the first time in a decade, the Republican Party will have control of the House of Representatives, U.S. Senate, and the...

May 23, 2016

shington D.C. - The American Immigration Council (Council) and the American Immigration Lawyers Association (AILA) have teamed up on a lawsuit against the U.S.

March 17, 2015

Washington D.C. - Today, the American Immigration Council's Executive Director, Benjamin Johnson, testified before the Senate Judiciary Committee about the integral role immigration plays in

September 17, 2014

Washington, D.C.

November 8, 2013

Yesterday, the American Immigration Council, in collaboration with AILA, filed an amicus brief

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

June 9, 2011

Washington D.C. - Today, the Brookings Institution released a new report,

April 13, 2011

Washington D.C. - A recent ruling from a federal judge in

June 14, 2017

With the Trump administration threatening to limit the immigration of highly skilled foreign professionals to the United States, now is a good time to take stock of just how valuable those...

June 14, 2017
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...
May 31, 2017

President Trump’s pick for the next director of U.S. Citizenship and Immigration Services (USCIS), Lee Francis Cissna, recently testified before the Senate Judiciary Committee. This was the first...

May 12, 2017

Some foreign students complete their stay in the United States by gaining professional experience in their field of study. Immigration restrictionists want to end that opportunity. For the second...

April 19, 2017

On April 18, President Trump signed the Presidential executive order on Buy American and Hire American. Similar to the other immigration-related executive orders, this one has no immediate effect...

April 17, 2017

Several media outlets have reported that on Tuesday, April 18, President Trump will sign an executive order mandating that the immigration agencies undertake a review of the H-1B visas...

April 7, 2017

U.S. employers are vying for the chance to hire skilled foreign workers, but once again, the annual H-1B cap has been reached within five business days. USCIS began accepting H-1B petitions on...

March 8, 2017

International Women’s Day is an appropriate time to take stock of the many ways in which immigrant women contribute to the labor force of the United States. Some of these contributions are often...

March 8, 2017
There are nearly 12 million immigrant (foreign-born) women workers in the United States today, comprising just over 7 percent of the total labor force.
March 7, 2017

United States Citizenship and Immigration Services (USCIS) has announced it will halt premium processing of H-1B visa petitions on April 3, for up to six months. Through the H-1B visa category,...

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