Employment Based

All Employment Based Content

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

March 17, 2015
The statement discusses the powerful role that immigration has played in developing a strong and competent work force for the 21st century, especially in regards to the science, engineering, technology, and math (STEM) fields.
Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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.
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.
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...

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,...

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...

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...

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...

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...

May 26, 2021

Businesses and industry organizations are among those pushing back against a rule that would change eligibility for filing an H-1B petition. The new rule would require the H-1B lottery selection...

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...

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...

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...

September 17, 2014

Washington, D.C.

November 8, 2013

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

February 16, 2024

Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) recently issued a final rule that changes H-1B registration selection and makes other changes related to the...

November 20, 2023

When asylum seekers come to the United States, they want to work—but an outdated immigration statute is making that more difficult than it needs to be. After filing an asylum application, asylum...

November 17, 2023

Written by Steven Hubbard, Senior Data Scientist and Leslie Dellon, Senior Attorney (Business Immigration) The White House’s recent executive order on artificial intelligence marks an important...

November 3, 2023

The H-1B program may undergo significant changes as early as October 1, 2024. The Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) recently published a 94-page...

November 2, 2023

As the national workforce shortage persists and is further exacerbated by the nation’s large aging population moving into retirement, businesses across the country are seeking solutions to address...

August 29, 2023

When Fortune released this year’s Fortune 500 list—the magazine’s iconic ranking of the year’s top-grossing American companies—one fact remained unchanged from previous years: the profound role...

August 2, 2023

The Taiwan Semiconductor Manufacturing Company (TSMC), a major Apple supplier, has delayed the production schedule for its Arizona chip plant to 2025. The company said it is having trouble finding...

July 31, 2023

Despite concerns expressed by stakeholders, U.S. Citizenship and Immigration Services (USCIS) has returned to a one-page format for Form I-9, Employment Eligibility Verification. What may seem...

January 26, 2023

The United States will need to fill nearly three-quarters of a million open jobs for home health and personal care aides every year through 2031. Currently, immigrant workers fill these jobs in...

January 19, 2023

Immigrant workers who are the victims of labor exploitation are often faced with a difficult choice. They can either stay quiet out of fear of deportation or come forward to report coercive...

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