Employment Based

All Employment Based Content

October 1, 2019

Newly released documents obtained under the Freedom of Information Act (FOIA) reveal that U.S. Citizenship and Immigration Services (USCIS) rolled out a major policy change impacting petitions for...

September 17, 2019

Tech startups are engines of innovation, economic growth, and job creation. Yet U.S. visa policies may be preventing startups from hiring the highly skilled foreign professionals they need to...

August 16, 2019

Legal immigration channels to the United States are continuing to suffer under the Trump administration. These restrictions are having an effect on employment-based immigration—particularly...

April 19, 2019

In a welcome immigration-related development, the Trump administration has proposed increasing the annual allotment of H-2B visas for temporary nonagricultural workers. As employers have long...

April 11, 2019

American businesses rely on foreign-born workers in many industries and the country’s immigration system has channels specifically dedicated to employment-based immigration. The Trump...

April 8, 2019

As another H-1B season comes to an end, one thing is clear: the demand for educated foreign workers is as high as ever. The annual H-1B cap was reached within a mere 5 business days. U.S....

April 4, 2019

The scene outside a technology repair company in Allen, Texas on Wednesday was bleak. In the aftermath of an immigration raid, family members gathered to make phone calls, connect with attorneys,...

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 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 9, 2020

The American Immigration Council and the American Immigration Lawyers Association filed comments to address the substantive flaws in the Department of...

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...

Publication Date: 
November 20, 2020
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act.
November 18, 2020
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging 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 businesses in the United States.
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...

Publication Date: 
November 11, 2020
The Council filed an amicus brief supporting plaintiffs’ preliminary injunction and summary judgment motion that the government did not satisfy the stringent requirements necessary to sidestep notice and comment rulemaking.
November 10, 2020
The letter explains why the Interim Final Rule does not protect U.S. workers and directly interferes with an employer’s ability to obtain the H-1B workers it needs and outlines six reasons why the Interim Final Rule should be rescinded.
November 7, 2020
Joseph R. Biden has been elected to serve as the 46th president of the United States. In the months ahead, we look forward to working with the Biden-Harris administration to advance a pro-immigration agenda that respects the dignity of all people.
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...

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