Business and the Workforce

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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 Economic Benefits of the Empire State Licensing Act

May 16, 2022

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...

Workers on a factory line
  • Special Report

Labor Market Series

May 4, 2022
This year’s Labor Market Series will explore a variety of issues at the intersection of the U.S. economy and immigration.
  • Fact Sheet

Farm Workforce Modernization Act of 2021

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.
  • Fact Sheet

Employment-Based Visa Categories in the United States

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...
  • Fact Sheet

The H-1B Visa Program

May 26, 2021
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...
  • Special Report

Tracking the Biden Agenda on Legal Immigration in the First 100 Days

April 29, 2021
This report analyzes the most significant changes to the legal immigration system made by the Biden administration during its first 100 days in office, and makes recommendations to foster a fair and...
  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Fact Sheet

The Exchange Visitor Program and J-1 Visas

June 18, 2020
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,...
  • Fact Sheet

The Rules for Immigrants Wanting to Work in the United States on a Permanent Basis

April 6, 2020
This fact sheet defines the various components of the permanent, employment-based immigration system—and then describes how those components relate to each other in the application processes for each...
  • Fact Sheet

Workers with Temporary Protected Status in Key Industries and States

January 9, 2019
This fact sheet estimates the likely numbers of workers with TPS from these three countries, broken down by the states in which they reside and the industries in which they are employed.
  • Litigation

Challenging USCIS for Delays in Renewal of Employment Authorizations

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
  • 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.
  • Comments

Comments Filed To Address Substantive Flaws in Proposed H-1B Regulatory Changes

December 9, 2020

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

  • Amicus Briefs

Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking

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.
  • Letters

Letter Opposing the Department of Labor’s High-Skilled Wage Rule

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.
  • Advocacy

Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics

October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."
  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • 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.
  • Advocacy

Regulatory Comment on Establishing a System for Secretarial Review Over Cases Before the Department of Labor Board of Alien Labor Certification Appeals

April 7, 2020
These comments were submitted on the regulatory changes in the Department of Labor’s Notice of Proposed Rulemaking and Direct Final Rule, published in the Federal Register on March 6, 2020 by the American Immigration Council and the American Immigration Lawyers Association.
  • Advocacy

Comment in Response to the Proposed Revisions to USCIS Form I-290B, Notice of Appeal or Motion

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.
  • Practice Advisories

Immigration Lawsuits and the APA: The Basics of a District Court Action

October 4, 2021
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action.
  • Practice Advisories

Litigation for Business Immigration Practitioners

June 10, 2021
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.
  • 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.
  • Practice Advisories

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

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.
  • Practice Advisories

Requesting Attorneys' Fees Under the Equal Access to Justice Act

August 14, 2020
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions.
  • Practice Advisories

New Rule Eliminating 30 Day Processing Deadline for Adjudication of Employment Applications Filed by Initial Asylum Applicants

June 29, 2020

On June 22, 2020, the Department of Homeland Security (DHS) published a rule that removes the 30 day processing deadline for the adjudication of employment authorization document (EAD)...

  • Practice Advisories

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

May 28, 2020
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court.
  • Practice Advisories

Agency Delay Litigation: Opposing a Motion to Dismiss

October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response.
  • Practice Advisories

Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?

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.
  • Practice Advisories

Practice Tip: Mandamus May Get Results When Nothing Else Works

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.

  • Blog

Immigrants Will Be Vital in America’s Fastest Growing Jobs Through 2030

May 5, 2022

The COVID-19 pandemic has disrupted global supply chains and kept people from going back to work at a time when the demand for goods and labor is high. This has left America contending with a...

  • Blog

Congress Ends Months of Uncertainty for Immigrant Investors in Regional Centers

March 25, 2022

For more than 8 months, noncitizens with approved immigrant petitions for investments in regional centers have been in limbo. Congress has now ended that limbo, by reauthorizing the EB-5 regional...

  • Blog

Corrupt US Employers and Smugglers Are Exploiting Migrant Teens for Profit

February 9, 2022

A skyrocketing number of migrant teens from Central America are finding their way into the undocumented workforce of the United States. They are doing rigorous, grueling work often meant for...

  • Blog

The House Passes the America COMPETES Act, Including Immigration Reforms to Help the U.S. Economy

February 4, 2022

The House of Representatives passed an economic competitiveness bill on February 4 that includes several immigration provisions. The bill is called the ‘‘America Creating Opportunities for...

  • Blog

Biden Administration Actions to Attract ‘International STEM Talent’ and Increase Global Competition

January 26, 2022

The Biden administration recently announced four actions intended to improve immigration “pathways” for noncitizens in science, technology, engineering, and mathematics (STEM) fields. However,...

  • Blog

Declining Immigration Is Leaving US Jobs Unfilled

January 25, 2022

The labor shortages currently afflicting many sectors of the U.S. economy are being aggravated by the arrival of fewer and fewer workers from abroad. Although immigration has been slowing since...

  • Blog

Over 250,000 Young People Are at Risk of Deportation When They Turn 21

December 1, 2021

A lesser-known group of young people who grew up in the United States with immigration status—typically the children of noncitizens who entered the U.S. on temporary work visas—is increasingly at...

  • Blog

Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo

November 5, 2021

Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date...

  • Blog

Class Action Settlement Gives Second Chance to Qualifying US Employers for H-1B Petition Approval

October 27, 2021

A recent class action settlement is expected to result in U.S. Citizenship and Immigration Services (USCIS) approving more market research analyst H-1B petitions. The lawsuit was filed by four U.S...

  • Blog

Will Immigrant Investors and Regional Centers Benefit From Court Win or Has Time Run Out?

June 30, 2021

A recent court win that restored lower minimum investment amounts was good news for regional centers and immigrant investors in the EB-5 program. But the bad news is the EB-5 regional center...

  • Press Release

New Data Reveals How Immigration Can Help Meet Labor Demands and Move the US Economy Forward

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.
  • Press Release

New round of grants to support implementation of comprehensive welcoming plans in U.S. communities

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)
  • Press Release

U.S. House Moves Immigration Reform in Bill Aimed at Increasing American Competitiveness and Helping Economy

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.
  • Press Release

Biden’s Plan to Attract Foreign STEM Talent Recognizes Immigration’s Importance in the Global Economy

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.
  • Press Release

U.S. Workers Sue USCIS for Unlawful Delays in Renewal of Employment Authorizations

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.
  • Press Release

U.S. Employers Settle Lawsuit Challenging USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

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.
  • 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.
  • Press Release

Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses

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.
  • Press Release

American Immigration Council Joins President-Elect Joe Biden in Making a Fair and Welcoming Immigration System

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.
  • Press Release

Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation

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.
  • Fact Sheet

The Economic Benefits of the Empire State Licensing Act

May 16, 2022

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...

  • Blog

Immigrants Will Be Vital in America’s Fastest Growing Jobs Through 2030

May 5, 2022

The COVID-19 pandemic has disrupted global supply chains and kept people from going back to work at a time when the demand for goods and labor is high. This has left America contending with a...

  • Press Release

New Data Reveals How Immigration Can Help Meet Labor Demands and Move the US Economy Forward

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.
Workers on a factory line
  • Special Report

Labor Market Series

May 4, 2022
This year’s Labor Market Series will explore a variety of issues at the intersection of the U.S. economy and immigration.
  • Press Release

New round of grants to support implementation of comprehensive welcoming plans in U.S. communities

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)
  • Blog

Congress Ends Months of Uncertainty for Immigrant Investors in Regional Centers

March 25, 2022

For more than 8 months, noncitizens with approved immigrant petitions for investments in regional centers have been in limbo. Congress has now ended that limbo, by reauthorizing the EB-5 regional...

  • Blog

Corrupt US Employers and Smugglers Are Exploiting Migrant Teens for Profit

February 9, 2022

A skyrocketing number of migrant teens from Central America are finding their way into the undocumented workforce of the United States. They are doing rigorous, grueling work often meant for...

  • Blog

The House Passes the America COMPETES Act, Including Immigration Reforms to Help the U.S. Economy

February 4, 2022

The House of Representatives passed an economic competitiveness bill on February 4 that includes several immigration provisions. The bill is called the ‘‘America Creating Opportunities for...

  • Press Release

U.S. House Moves Immigration Reform in Bill Aimed at Increasing American Competitiveness and Helping Economy

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.
  • Blog

Biden Administration Actions to Attract ‘International STEM Talent’ and Increase Global Competition

January 26, 2022

The Biden administration recently announced four actions intended to improve immigration “pathways” for noncitizens in science, technology, engineering, and mathematics (STEM) fields. However,...

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