Employment Based

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.

All Employment Based Content

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...

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...

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...

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...

December 2, 2020

On December 1, a federal district court judge disrupted the Trump administration’s relentless attack on legal immigration by halting two new sets of regulations. The U.S. Chamber of Commerce and...

November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject...

October 23, 2020

Three new lawsuits have been filed challenging the Department of Labor’s (DOL) new rules impacting the H-1B visa category, with one also challenging the Department of Homeland Security’s (DHS) new...

October 20, 2020

The Department of Homeland Security (DHS) has published a proposed rule that will make it more difficult for individuals applying for admission in a J-1 exchange visitor or F-1 student visa...

October 8, 2020

The Trump administration issued two rules October 8 that, if not overturned, will further restrict legal immigration. The Department of Homeland Security (DHS) issued the first rule, which only...

October 2, 2020

On October 1, a federal judge ordered the Trump administration to stop enforcing parts of a presidential proclamation that banned many foreign workers from entering the United States. The court...

October 1, 2020

The Trump administration is successfully using the COVID-19 pandemic as a pretext to alter the U.S. system of legal immigration. New government data makes clear that these changes will...

August 5, 2020

The dangers to America’s farmworkers—primarily immigrant men from Mexico with temporary H-2A visas—have long persisted under a system that is ripe for abuse. But those risks have only grown since...

December 15, 2022

From the displacement following the Russian invasion of Ukraine to migrant bussing across the United States, the immigration field has faced unique challenges this year while continuing to manage...

November 3, 2022

Do fewer U.S. workers get hired when employers also hire temporary seasonal labor from abroad? A new study of firms applying for H-2B visas suggests that the answer is no. The H-2B visa allows...

September 30, 2022

With job openings at nearly twice as high as the pre-pandemic norm, employers across the country are continuing to struggle to fill open positions and meet workforce needs. But they’re finding a...

Publication Date: 
September 14, 2022
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.
June 24, 2022

Surprising data recently revealed that consular officers denied applicants for employer-sponsored immigrant visas at a far higher rate than U.S. Citizenship and Immigration Services (USCIS)...

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...

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...

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.
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...

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