Employment Based

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

All Employment Based Content

July 13, 2018

Kitchens, restaurants, and housekeeping departments in high-end resorts are often staffed with foreign seasonal workers, who arrive into the United States during peak vacation months. American...

June 8, 2018

More than 100 workers were arrested at a gardening and landscaping company in northern Ohio on Wednesday, marking another massive employment crackdown under the Trump administration. This raid...

May 23, 2018

In a rare show of bipartisanship, 130 members of Congress sent a letter to Department of Homeland Security (DHS) Secretary Kirsten Nielsen urging her to maintain the current regulation granting...

May 22, 2018

When immigrants bring their skills to the U.S. labor market, everyone—immigrants and native-born workers alike—benefit from their company. Research has repeatedly shown that native-born workers...

May 10, 2018

As U.S. Citizenship and Immigration Services (USCIS) begins adjudicating H-1B petitions subject to the Fiscal Year (FY) 2019 “cap,”—the annual limit on the number of visas that will be made...

May 7, 2018

Failure to get H-2B (seasonal worker) visas approved has put Maryland’s seafood industry in jeopardy. Almost half of the Eastern Shore’s crab houses do not have workers they need to pick the meat...

May 2, 2018

National Small Business Week, which runs from April 29 to May 5, highlights the hard work of the United States’ business owners, entrepreneurs, and innovators. America’s small businesses—nearly 30...

April 6, 2018

Demonstrating a critical demand for educated foreign workers in the United States, the annual H-1B cap has been reached within 5 business days. United States Citizenship and Immigration Services...

March 27, 2018

As part of the April 2017 “Buy American and Hire American” executive order, the Trump administration announced that it intends to revoke the employment eligibility of the spouses of foreign...

March 21, 2018

Legal immigration and the number of foreigners visiting the United States has taken a serious hit within the last year, as the Trump administration makes changes to policies and procedures without...

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 16, 2019
The American Immigration Council filed this brief in support of a U.S. employer’s challenge to the U.S. Citizenship and Immigration Service’s denial of a computer programmer H-1B petition.
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 “...
November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response.
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...

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.

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