Employment Based

All Employment Based Content

  • 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

Businesses Are Fighting Back Against USCIS’ Restrictive View of H-1B ‘Specialty Occupation’

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...

  • Blog

Department of Homeland Security Blocks H-2B Visas for Filipinos, Dominicans, and Ethiopians

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...

  • Blog

With Comment Period Expired, Uncertainty Remains About H-1B Registration Process

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-...

  • Blog

Sick From Eating That Salad? Blame Trump’s Immigration Policies

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...

  • Blog

USCIS’ Proposed H1-B Registration Rule Creates More Uncertainty for Employers

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...

  • Blog

New Census Data Show Immigrants Complement Natives in the US Workforce

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,...

  • Blog

How Experts Are Addressing Immigrant Underemployment and Why it Matters

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...

  • 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...

  • Press Release

Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation

October 22, 2020
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system.
  • Blog

How Proposed Changes to ‘Duration of Status’ Rules Will Impact Students and Exchange Visitors

October 20, 2020

The Department of Homeland Security (DHS) has published a proposed rule that will make it more difficult for individuals applying for admission in a J-1 exchange visitor or F-1 student visa...

  • Advocacy

Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics

October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."

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