Employment Based

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  • Litigation

USCIS’ Unlawful Denial of H-1B Petitions Spurs Class Action Lawsuit

This nationwide class action lawsuit challenges 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 United States businesses.  

  • Fact Sheet

The Rules for Immigrants Wanting to Work in the United States on a Permanent Basis

This fact sheet defines the various components of the permanent, employment-based immigration system—and then describes how those components relate to each other in the application processes for each of the five preference categories.

All Employment Based Content

  • Practice Advisories

Practice Tip: Building the Record for Employment-Based Petitions

April 1, 2016
This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client's visa petition in federal court.
  • Press Release

Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician

February 17, 2016

Washington, D.C.

  • Practice Advisories

Mandamus Litigation Against DOL to Address Delays in Prevailing Wage Determinations and Labor Certifications

November 6, 2015

This Practice Advisory provides basic information about mandamus actions and suggests strategies and practice tips for bringing a mandamus action against the Department of Labor (DOL).

  • Blog

Setting the Record Straight on the Leaked Government Memo on Work Authorization

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...

  • Litigation

Employment Authorization Documents Adjudication Delays

Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
  • Litigation & Advocacy

Statement for the Senate Committee on the Judiciary on High-Skilled Immigrant Workers

March 17, 2015
The statement discusses the powerful role that immigration has played in developing a strong and competent work force for the 21st century, especially in regards to the science, engineering, technology, and math (STEM) fields.
  • Amicus Briefs

Mantena v. Napolitano - Second Circuit

December 15, 2014
The Council, with AILA, filed an amicus brief arguing that a district court has jurisdiction to review procedures followed by USCIS to revoke an employment-based visa petition. Amici argue that INA § 242(a)(2)(B), which limits judicial review over certain discretionary decisions, does not preclude review over the question of whether USCIS was required to provide notice of the visa petition revocation proceedings to the beneficiary. This is particularly true where, as in this case, the beneficiary had utilized the “porting” provision of INA § 204(j) to change employers more than 2 ½ years earlier, but USCIS issued its notice of intent to revoke only to the former employer and revoked the petition when the former employer did not respond.
  • Litigation

Visa Programs for High-Skilled Workers

Valorem, an IT consulting company, petitioned to employ a software developer for three years in H-1B status as part of a project development team at its office. Initially, USCIS denied the petition, but later – after Valorem, represented by AILA member Susan Bond, filed suit – approved it for one year.
  • Press Release

Immigration Council Urges U.S. Department of Labor to Ensure Fairness

September 17, 2014

Washington, D.C.

  • Amicus Briefs

Simply Soup Ltd. d/b/a NY Soup Exchange - BALCA

August 29, 2014
The Board of Alien Labor Certification Appeals (BALCA), the administrative body at the Department of Labor that reviews denials of PERM labor certifications, concluded that the Certifying Officer (CO) had the discretion, but not the obligation, to request missing documentation. BALCA failed to address arguments made by the Council and AILA in their amicus brief: that due process and fundamental fairness, as well as the PERM regulatory structure, require the CO to request supplemental documentation when the employer’s compliance with documentation requirements is evident from the record.

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