Employment Based

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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...
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.
April 1, 2006
As we have seen in the last month, segments of the United States media, policy leaders, and populace continue to be obsessed with the issue of undocumented immigration to the United States. Turn...
May 1, 2005
Although immigration is crucial to the growth of the U.S. labor force and yields a net fiscal benefit to the U.S. economy, current immigration policies fail to respond to actual labor demand.
Prioritizing the immigration of multinational executives and managers recognizes the need for the United States to remain competitive in an increasingly global economy.
Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule.
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 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.
July 19, 2017
This practice advisory will address the Supreme Court’s Travel Ban decision and detail how DOS and DHS are implementing those portions of EO-2 that are no longer enjoined.
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).
December 1, 2017

Foreign entrepreneurs who want to build innovative companies in the United States received good news on Friday, when federal judge James E. Boasberg of the U.S. District Court ruled in favor of a...

November 7, 2017

At a time when anti-immigrant rhetoric and policies seem to be growing, immigrants in the United States continue to do what they have done for over a century—bring unique and vital experiences to...

October 26, 2017

In a major reversal of longstanding policy, U.S. Citizenship and Immigration Services (USCIS) has created new and unnecessary hurdles for employers and foreign employees temporarily working in the...

October 19, 2017

The Nobel Prizes, awarded annually in recognition of extraordinary achievement in physics, chemistry, physiology or medicine, literature, and peace, have once again been won by Americans who came...

October 16, 2017

Among the laundry list of proposed restrictions and other attacks on immigration, the Trump administration is reportedly considering cuts to the Exchange Visitor Program (EVP) and therefore...

September 19, 2017

The Trump administration has repeatedly promised to create jobs in the United States, and yet it has delayed a policy that would have fostered the growth of innovative companies and guaranteed...

August 29, 2017

The Trump administration continued its attack on legal immigration this month, announcing that it will start requiring additional in-person interviews for tens of thousands of individuals who have...

August 14, 2017

America’s farmers have been acutely aware of the consequences of restrictive immigration policies for some time. When migration levels drop or restrictive policies drive migrants out of the state...

August 11, 2017

The Reforming American Immigration for a Strong Economy Act (RAISE Act) seeks to dramatically reshape American immigration by favoring youth and a narrow set of skills over family values and...

August 3, 2017

The administration revealed legislation this week that seeks to drastically reshape American immigration, moving away from the family based immigration tradition that has both shaped our...

September 29, 2017
a motion for a preliminary injunction in federal court in Washington, D.C. to compel the Department of Homeland Security to implement the International Entrepreneur Rule pending final judgment of the suit brought by NVCA and the other plaintiffs.
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.
September 17, 2014

Washington, D.C.

November 8, 2013

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

December 1, 2017

Foreign entrepreneurs who want to build innovative companies in the United States received good news on Friday, when federal judge James E. Boasberg of the U.S. District Court ruled in favor of a...

November 7, 2017

At a time when anti-immigrant rhetoric and policies seem to be growing, immigrants in the United States continue to do what they have done for over a century—bring unique and vital experiences to...

Prioritizing the immigration of multinational executives and managers recognizes the need for the United States to remain competitive in an increasingly global economy.
October 26, 2017

In a major reversal of longstanding policy, U.S. Citizenship and Immigration Services (USCIS) has created new and unnecessary hurdles for employers and foreign employees temporarily working in the...

October 19, 2017

The Nobel Prizes, awarded annually in recognition of extraordinary achievement in physics, chemistry, physiology or medicine, literature, and peace, have once again been won by Americans who came...

October 16, 2017

Among the laundry list of proposed restrictions and other attacks on immigration, the Trump administration is reportedly considering cuts to the Exchange Visitor Program (EVP) and therefore...

September 29, 2017
a motion for a preliminary injunction in federal court in Washington, D.C. to compel the Department of Homeland Security to implement the International Entrepreneur Rule pending final judgment of the suit brought by NVCA and the other plaintiffs.
September 19, 2017

The Trump administration has repeatedly promised to create jobs in the United States, and yet it has delayed a policy that would have fostered the growth of innovative companies and guaranteed...

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).
Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule.

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