Employment Based

All Employment Based Content

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...

November 5, 2015

Recently, a leaked memo related to the Department of Homeland Security’s ongoing deliberations about reforming the employment-based immigrant visa system was published online. An “investigative...

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.
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...

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