Business and the Workforce

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

  • Litigation

USCIS’ Unlawful Denial of H-1B Petitions Spurs Class Action Lawsuit

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.  

All Business and the Workforce Content

  • Fact Sheet

The U.S. Economy Still Needs Highly Skilled Foreign Workers

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...
  • Special Report

Why Immigrants Can Drive the Green Economy

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...
  • Research and Analysis

A Conversation about the Economic Effects of Immigration on African Americans

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...
  • Fact Sheet

Facts about Farmworkers

May 13, 2009
AgJOBS is a bipartisan, compromise bill that is the result of years of negotiations among farmworkers, growers, and Members of Congress. Get the facts on Farmworkers.
  • Special Report

Today's Immigrant Woman Entrepreneur

January 5, 2008
Immigrant women entrepreneurs are rapidly making their mark in the U.S. business sector, in every region of the country and across a large range of industries. Today, immigrant women of the post-...
  • Fact Sheet

Immigration and the Elderly: Foreign-Born Workers in Long-Term Care

August 1, 2007
Aging populations and the growing need to provide long-term care to the elderly are among the leading demographic, political, and social challenges facing industrialized countries, including the...
  • Fact Sheet

Dollars without Sense: Underestimating the Value of Less-Educated Workers

May 1, 2007
A recent report from the Heritage Foundation is one in a long line of deeply flawed economic analyses which claim to estimate the contributions and "costs" of workers based solely on the amount of...
  • Special Report

U.S. Immigration Policy in Global Perspective: International Migration in OECD Countries

January 3, 2007
The United States possesses a number of competitive assets in the global war for talent: most notably, its huge and flexible labor market and an abundance of leading-edge multinational corporations...
  • Research and Analysis

Competing for Global Talent: The Race Begins with Foreign Students

September 1, 2006
By Jeanne Batalova, Ph.D.
  • Research and Analysis

Building a Competitive Workforce: Immigration and the U.S. Manufacturing Sector

August 1, 2006
Shortages of skilled labor constitute the foremost challenge confronting U.S. manufacturers who face growing competition from manufacturers in Asia, Eastern Europe, and elsewhere. Demand for...
  • Amicus Briefs

Simply Soup Ltd. d/b/a NY Soup Exchange - BALCA

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.
  • Amicus Briefs

Microsoft Corporation - BALCA

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.
  • Litigation

Visa Programs for High-Skilled Workers

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.
  • Litigation

Lawsuit on Visa Bulletin, Adjustment of Status

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.
  • FOIA

H-1B Fraud Investigations FOIA

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...

  • FOIA

L-1B Adjudications FOIA

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...

  • Blog

Exchange Visitor Program Faces Uncertainty as US Opens but Embassies Remain Closed

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...

  • Blog

Essential Workers Are at the Heart of a Diversifying Working-Class America

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...

  • Blog

Government Takes Surprising Position to Preserve H-4 Work Permits – For Now

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),...

  • Blog

As Coronavirus Fatalities Rise, Trump Sends Immigrant Meatpackers Back to Work

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...

  • Blog

USCIS Consistently Denies H-1B Petitions. This Lawsuit Argues It’s Misinterpreting the Law.

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...

  • Blog

Coronavirus Travel Restrictions Leave Some J-1 Exchange Visitors Stranded

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...

  • Blog

Shortage of Farmworkers Threatens Americans’ Food Supply During the Coronavirus

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...

  • Blog

What You Need to Know About Public Charge and the Coronavirus

April 6, 2020

Immigrants living in the United States are eligible for unemployment benefits. But as the health and economic impacts of the coronavirus spread across the country, many are reportedly afraid to...

  • Blog

The H-1B Registration Period Has Ended. How Did the New System Handle It?

March 26, 2020

U.S. Citizenship and Immigration Services (USCIS) completed its first registration period on March 20 for H-1B petitions. The H-1B visa category allows highly educated foreign workers to...

  • Blog

Immigrant Health Care Workers Play a Vital Role in the United States’ COVID-19 Response

March 24, 2020

As the COVID-19 pandemic unfolds, the U.S. health care system will likely be pushed to its limits. During this time, it is important to remember the role that immigrant health care workers play...

  • Blog

Ban on J-1 Exchange and Other Employment-Based Visas Set to Expire

March 30, 2021

A ban blocking certain employment-based visas implemented and extended by former President Trump is set to expire on March 31. The ban has likely prevented hundreds of thousands of people from...

  • Blog

USCIS Begins to Reverse Course on H-1B Petitions

March 19, 2021

Employers and workers are starting to see a shift from U.S. Citizenship and Immigration Services (USCIS) on unlawful restrictions of the H-1B specialty occupation visa category. Over the past nine...

  • Press Release

U.S. Businesses Sue USCIS for Rejecting H-1B Petitions for not Backdating the Employment Start Date

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.
  • Litigation

Challenging USCIS’ Arbitrary Rejections of H-1B Petitions Filed After October 1

This lawsuit challenges USCIS' arbitrarily rejected H-1B petitions filed after October 1 simply because the H-1B worker’s intended employment start date—naturally—also fell after October 1.
  • Practice Advisories

Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants

March 1, 2021
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
  • Blog

The Biden Administration Is Already Supporting Employment-Based Immigration, But Uncertainty Remains

February 5, 2021

Business immigration has already benefited from the change in administrations. On January 25, President Biden issued an executive order directly replacing a Trump-era executive order that wreaked...

  • Letters

Coalition Letter to DHS Secretary Mayorkas Supporting the International Entrepreneur Rule

February 5, 2021
The American Immigration Council joined the National Venture Capital Association (NVCA) and other organizations in showing Secretary Mayorkas that there is strong support for the International...
  • Blog

What You Need to Know About the Latest Changes to the H-1B Registration Process

January 14, 2021

The Department of Homeland Security (DHS) recently issued a final rule changing the way U.S. Citizenship and Immigration Services (USCIS) selects the registrations of U.S. employers that want to...

  • Blog

The United States Needs a New Approach to Visas and Immigration Benefits

January 8, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  The Biden administration faces a...

  • Blog

Your COVID-19 Vaccine Was Likely Made by an Immigrant

December 14, 2020

The development of a COVID-19 vaccine is a global endeavor. The scientists and entrepreneurs creating the vaccine are of many nationalities and immigration statuses—as are the millions of people...

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