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

October 16, 2017

Among the laundry list of proposed restrictions and other attacks on immigration, the Trump administration is reportedly considering cuts to the Exchange Visitor Program (EVP) and therefore...

September 19, 2017

The Trump administration has repeatedly promised to create jobs in the United States, and yet it has delayed a policy that would have fostered the growth of innovative companies and guaranteed...

August 29, 2017

The Trump administration continued its attack on legal immigration this month, announcing that it will start requiring additional in-person interviews for tens of thousands of individuals who have...

August 14, 2017

America’s farmers have been acutely aware of the consequences of restrictive immigration policies for some time. When migration levels drop or restrictive policies drive migrants out of the state...

August 11, 2017

The Reforming American Immigration for a Strong Economy Act (RAISE Act) seeks to dramatically reshape American immigration by favoring youth and a narrow set of skills over family values and...

August 3, 2017

The administration revealed legislation this week that seeks to drastically reshape American immigration, moving away from the family based immigration tradition that has both shaped our...

August 1, 2017

The Department of Homeland Security (DHS) has abruptly delayed the effective date of an important new program which would have allowed international entrepreneurs to develop their start-up...

January 5, 2017

The U.S. Department of Justice’s (DOJ) Civil Rights Division recently issued a final rule, effective January 18, to update regulations that the agency uses to enforce employment-related anti-...

September 7, 2016

When people think about immigration reform, they usually think about legalization, enforcement, and updating the legal immigration system. However, there are other upgrades to the immigration...

May 23, 2016

Each year, U.S. employers seeking highly skilled foreign professional workers submit petitions on the first business day of April to U.S. Citizenship and Immigration Services (USCIS) for the...

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.
As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued.
In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties.
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...

With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years.
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....

This case is representative of the difficulties employers encounter when new occupations emerge to fill business needs which require at least a bachelor’s degree, but no consensus exists as to the degree requirement.
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...

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