Business and the Workforce

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December 14, 2017
This wage calculation is at the heart of the employment-based immigration system Congress devised to protect U.S. workers from unfair competition, while refraining from micromanaging the hiring...
September 13, 2017
This fact sheet describes the legal avenues in the United States available to promising entrepreneurs, as well as some of the barriers they face securing immigration status through these paths.
August 11, 2017
The Reforming American Immigration for Strong Employment Act (RAISE Act) or S. 354 would mark a sweeping overhaul of the U.S. immigration system. It would significantly reduce levels of legal...
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.
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...

January 15, 2014
A potent combination of declining population growth and economic stagnation has led many cities and metropolitan regions to rethink how to reinvigorate their communities. The Midwest is a prime...
June 12, 2013
Latino immigrants and African Americans fill complementary roles in the labor market—they are not simply substitutes for one another.
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.
The denials of employment-based petitions must end. This suit challenges the policy changes that restrict employers’ lawful use of H-1B workers.

On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council filed a lawsuit under the Freedom of Information Act (FOIA) challenging U.S. Citizenship and...

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.
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 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 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.

April 5, 2006
This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts. The government has asserted this jurisdictional bar in employment-based, family-based, and humaritarian-based immigration cases.
October 8, 2020

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...

October 2, 2020

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...

October 1, 2020

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...

August 5, 2020

The dangers to America’s farmworkers—primarily immigrant men from Mexico with temporary H-2A visas—have long persisted under a system that is ripe for abuse. But those risks have only grown since...

June 23, 2020

The Trump administration has banned foreign nationals on certain employment-based nonimmigrant visas from entering the United States. The new ban begins June 24, at 12:01 am ET. The administration...

June 8, 2020

The coronavirus pandemic has radically altered the U.S. workforce. Many people have lost their jobs, while others have had to continue to go to work despite the serious health risks. Some sectors...

June 1, 2020

President Trump issued a proclamation to prevent certain Chinese nationals from entering the United States using academic student (F) or exchange visitor researcher (J) visas. The proclamation...

May 29, 2020

May 31 closes out Asian American and Pacific Islander (AAPI) Heritage Month, a time dedicated to recognizing the contributions of Asian Americans and Pacific Islanders in the United States. The...

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...

September 19, 2017
Entrepreneurs, startup companies, and the National Venture Capital Association (NVCA) filed a lawsuit in federal court today challenging the Department of Homeland Security’s (DHS) delay of the International Entrepreneur Rule (IER).
July 19, 2017
U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS, recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted in a timely manner.
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,

December 9, 2020

The American Immigration Council and the American Immigration Lawyers Association filed comments to address the substantive flaws in the Department of...

December 2, 2020

On December 1, a federal district court judge disrupted the Trump administration’s relentless attack on legal immigration by halting two new sets of regulations. The U.S. Chamber of Commerce and...

November 20, 2020
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act.
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.
November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject...

November 11, 2020
The Council filed an amicus brief supporting plaintiffs’ preliminary injunction and summary judgment motion that the government did not satisfy the stringent requirements necessary to sidestep notice and comment rulemaking.
November 10, 2020
The letter explains why the Interim Final Rule does not protect U.S. workers and directly interferes with an employer’s ability to obtain the H-1B workers it needs and outlines six reasons why the Interim Final Rule should be rescinded.
November 7, 2020
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.
October 23, 2020

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...

October 22, 2020
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.

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