Employment Based

The U.S. immigration system is complex and can be difficult to understand. These resources provide key data points, historical information, and background on hot topics in immigration. Learn the basics about immigration.

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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...

March 29, 2019

For the first time in two decades, the U.S. workforce has more jobs than people willing or able to fill them. Labor shortages are impacting almost every field in the country. But employers are now...

March 19, 2019

The Trump administration is set to issue a proposed rule that would prevent the spouses of certain high-skilled temporary foreign workers from getting jobs while they are in the United States. The...

February 1, 2019

On January 31, U.S. Citizenship and Immigration Services (USCIS) issued a final regulation that changes the process U.S employers will have to follow in order to hire foreign workers under the “H-...

January 28, 2019

U.S. Citizenship and Immigration Services (USCIS) is making it more difficult to hire temporary foreign workers in a “specialty occupation.” American businesses are fighting back in order to keep...

January 24, 2019

Citing high rates of visa overstays, on January 18 the Department of Homeland Security (DHS) published a new rule mostly barring nationals from the Dominican Republic, the Philippines, and...

January 3, 2019

January 2 marked the final day for comments on a proposed rule by U.S. Citizenship and Immigration Services (USCIS) that would implement a new registration requirement for H-1B visas for well-...

December 18, 2018

In 2018 alone, the Center for Disease Control has been called to investigate 24 instances of foodborne disease outbreaks, marking the highest number of investigations since 2006. These recent...

December 7, 2018

Just months short of the normal starting date for the annual H-1B petition process, USCIS has proposed major changes. U.S. employers who rely on this visa category, which is for jobs that require...

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,...

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...

April 22, 2020
President Donald Trump signed an executive order to temporarily suspend immigration to the United States. The order applies to many individuals currently outside the United States who do not yet have immigrant (permanent) visas.
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 16, 2020
The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States.
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.
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 7, 2020
These comments were submitted on the regulatory changes in the Department of Labor’s Notice of Proposed Rulemaking and Direct Final Rule, published in the Federal Register on March 6, 2020 by the American Immigration Council and the American Immigration Lawyers Association.
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...

April 6, 2020
This fact sheet defines the various components of the permanent, employment-based immigration system—and then describes how those components relate to each other in the application processes for each...
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...

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