Employment Based

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  • Blog

USCIS Implemented New H-1B Wage Level Policy Without Providing Sufficient Guidance to Its Staff

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...

  • Blog

US Visa Policies Prevent Tech Startups From Hiring Foreign Workers

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...

  • Blog

USCIS Visa Petition Denials on the Rise

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...

  • Blog

30,000 More Seasonal Worker Visas to Become Available After a Bipartisan Push

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...

  • Blog

Why It’s Critical to Take a Closer Look at Foreign-Worker Petitions Data

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...

  • Blog

USCIS Hits H-1B Cap Within Days, Showing America Needs Foreign Workers

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....

  • Blog

‘We Just Heard Screaming.’ ICE Arrests 280 Workers in the Largest Immigration Raid in a Decade

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,...

  • Blog

How Can U.S. Blue-Collar Industries Thrive Again?

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...

  • Blog

Taking H-4 Spouses out of the US Workforce Would Hurt Women the Most

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...

  • Blog

USCIS Final Regulation Puts Registration On Hold, Changes Petition Selection Order

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-...

  • Blog

The United States Needs a New Approach to Visas and Immigration Benefits

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...

  • Comments

Comments Filed To Address Substantive Flaws in Proposed H-1B Regulatory Changes

December 9, 2020

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

  • Blog

District Court Stops Regulations Restricting the H-1B Visa Category

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...

  • Practice Advisories

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

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.
  • Press Release

Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses

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.
  • Blog

USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists

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...

  • Amicus Briefs

Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking

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.
  • Letters

Letter Opposing the Department of Labor’s High-Skilled Wage Rule

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.
  • Press Release

American Immigration Council Joins President-Elect Joe Biden in Making a Fair and Welcoming Immigration System

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.
  • Blog

Three New Lawsuits Challenge Trump’s H-1B Worker Restrictions

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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