Business and the Workforce

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

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

  • Blog

Is It Time to Change the H-1B Visa Cap?

March 31, 2016

On April 1, employers will submit their petitions for H-1B visas for high-skilled temporary workers. The start of the H-1B season, when U.S. employers turn their attention toward hiring foreign...

  • Blog

New Rule Improves Learning Experience for International Students With STEM Degrees

March 21, 2016

This month, the Department of Homeland Security (DHS) issued a final rule which will allow international students in certain science, technology, engineering or mathematics (STEM) fields to...

  • Blog

How Welcoming Immigrants Gave Chicago, Dayton, and Nashville a Boost

February 3, 2016

Three geographically diverse cities have created more welcoming environments for immigrants and each has implemented initiatives that promote immigrant entrepreneurship and innovation in their...

  • Blog

Giving the Immigration Facts a Fighting Chance

December 14, 2015

As we move through the 2016 presidential election cycle, the issue of immigration will continue to be a central topic of the debate. The United States is at a tipping point after more than two...

  • Blog

Setting the Record Straight on the Leaked Government Memo on Work Authorization

November 5, 2015

Recently, a leaked memo related to the Department of Homeland Security’s ongoing deliberations about reforming the employment-based immigrant visa system was published online. An “investigative...

  • Blog

The Fortunes of H-1B Workers and Their Native-Born Colleagues Rise and Fall Together

August 3, 2015

There is no denying that the granting of H-1B visas for highly skilled professionals from abroad is a politically charged topic. However, the recurring controversies over H-1Bs should not obscure...

  • Blog

Immigrant Entrepreneurs Launch Over One in Four New Businesses

June 22, 2015
While immigrants make up around 13 percent of the U.S. population, they play an outsize role in entrepreneurship and business formation relative to their overall numbers.
  • Blog

How Immigrant Entrepreneurs Move the U.S. Economy Forward

May 6, 2015

This week, National Small Business Week, which has occurred each year since 1963, recognizes the contributions of entrepreneurs and small business owners in the United States. According to the U.S...

  • Litigation

Challenging USCIS “Not a Specialty Occupation” H-1B Petition Denial

The denials of employment-based petitions must end. This suit challenges the policy changes that restrict employers’ lawful use of H-1B workers.
  • Blog

The United States Must Embrace Global Talent, As High-Skilled Foreign Workers Go Elsewhere

October 10, 2018

If the U.S. government closes the door to highly skilled foreign workers, other countries stand ready to embrace their contributions. For instance, while the Trump administration contemplates an...

  • Blog

New Census Data Show Immigrants Complement Natives in the US Workforce

September 20, 2018

Every year, the Census Bureau releases new data from its American Community Survey (ACS), which contains a wealth of information about the characteristics of the U.S. population. Without fail,...

  • Blog

How Experts Are Addressing Immigrant Underemployment and Why it Matters

August 22, 2018

Many immigrants bring advanced expertise when they come to the United States, but those skills are often underutilized. Due to a range of complex factors, such as professional credentialing and...

  • Press Release

Judge Rules USCIS Must Adjudicate Employment Authorization for Asylum Seekers Within 30-Days

August 2, 2018
A judge ordered last week that United States Citizenship and Immigration Services (USCIS) must adjudicate work authorization applications for asylum seekers within the prescribed 30-day deadline.
  • Fact Sheet

How USCIS Estimates Application and Petition Processing Times

July 18, 2018
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
  • Blog

American Companies Should Be Able to Hire Foreign Seasonal Workers – Trump’s Businesses Do

July 13, 2018

Kitchens, restaurants, and housekeeping departments in high-end resorts are often staffed with foreign seasonal workers, who arrive into the United States during peak vacation months. American...

  • Blog

Why Rescinding the International Entrepreneur Rule Is Bad for the American Economy

July 12, 2018

To build America’s competitive edge over other nations attempting to attract global talent, the Obama administration issued the International Entrepreneur Rule (IER) in 2014. This regulation...

  • FOIA Litigation

Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

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...

  • Press Release

The Immigrant Success Story: How Family-Based Immigrants Thrive in America

June 12, 2018
Through analysis of data from the decennial census and administrative data from the Immigration and Naturalization Service, this special report examines the earnings gains over time of all immigrants, as well as the earnings gains experienced by family-based immigrants compared to employment-based immigrants.

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