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...

May 29, 2020

May 31 closes out Asian American and Pacific Islander (AAPI) Heritage Month, a time dedicated to recognizing the contributions of Asian Americans and Pacific Islanders in the United States. The...

May 20, 2020

The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State’s Exchange Visitor Program. These...

April 17, 2020

U.S. Citizenship and Immigration Services (USCIS) has been denying many H-1B petitions by misinterpreting the law. On April 16, 2020, the American Immigration Council and partners filed a...

April 16, 2020

Individuals participating in the J-1 Visa Exchange Visitor Program were faced with a difficult choice in the hours after President Trump issued travel restrictions to Europe: leave their program...

April 7, 2020

The U.S. agricultural industry depends on seasonal guest workers to produce the food Americans eat. Since 1986, the H-2A visa program has allowed employers to fill labor shortages with temporary...

April 6, 2020

Immigrants living in the United States are eligible for unemployment benefits. But as the health and economic impacts of the coronavirus spread across the country, many are reportedly afraid to...

March 26, 2020

U.S. Citizenship and Immigration Services (USCIS) completed its first registration period on March 20 for H-1B petitions. The H-1B visa category allows highly educated foreign workers to...

February 26, 2020

For the first time, U.S. Citizenship and Immigration Services (USCIS) is requiring U.S. employers to register in order to have a chance to file an H-1B petition that is subject to the annual...

January 16, 2020

The new process for petitioning for highly educated H-1B workers will officially begin on March 1, 2020. For the first time, a U.S. employer who wants to file a petition that is subject to the...

December 12, 2019
U.S. Citizenship and Immigration Services (USCIS) recently announced that U.S. employers will have to pay a $10 fee and register to have a chance at filing an H-1B petition subject to the statutory “...
Publication Date: 
June 24, 2021
This written statement submitted by the Council to Congress shares our analysis of the archaic U.S. immigration policies which are making the United States a less attractive destination for highly...
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.
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...

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.
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.
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.
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...

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...

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