Employment Based

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

All Employment Based Content

  • Blog

Foreign Entrepreneurs Would Have Benefited From This Rule—The Trump Administration Wants to Rescind It, So We Sued

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...

  • Blog

USCIS Adds Extra Hurdles for Legally Residing Immigrants

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...

  • Blog

Farmers Struggle to Find Labor, Threatening Americans’ Food Supply and Prices

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...

  • Blog

Who Is in and out Under the RAISE Act

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...

  • Blog

Administration Unveils Legislation That Cuts Legal Immigration in Half and Abandons Family Values

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...

  • Blog

Rule Delay Threatens New Program for International Entrepreneurs

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...

  • Blog

Department of Justice Issues Final Rule About Unfair Immigration-Related Employment Practices

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-...

  • Blog

How USCIS Calculates Processing Times and How It Could Be Improved

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...

  • Blog

Lawsuit Against DHS and USCIS Seeks Transparency in H-1B Lottery Process

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...

  • 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...

  • Blog

Exchange Visitor Program Faces Uncertainty as US Opens but Embassies Remain Closed

May 20, 2020

The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State’s Exchange Visitor Program. These...

  • Press Release

Trump’s Immigration Ban Does Not Keep Us Safer or Solve our Economic Challenges

April 22, 2020
President Donald Trump signed an executive order to temporarily suspend immigration to the United States. The order applies to many individuals currently outside the United States who do not yet have immigrant (permanent) visas.
  • Blog

USCIS Consistently Denies H-1B Petitions. This Lawsuit Argues It’s Misinterpreting the Law.

April 17, 2020

U.S. Citizenship and Immigration Services (USCIS) has been denying many H-1B petitions by misinterpreting the law. On April 16, 2020, the American Immigration Council and partners filed a...

  • Blog

Coronavirus Travel Restrictions Leave Some J-1 Exchange Visitors Stranded

April 16, 2020

Individuals participating in the J-1 Visa Exchange Visitor Program were faced with a difficult choice in the hours after President Trump issued travel restrictions to Europe: leave their program...

  • Press Release

Class Action Lawsuit Seeks to Challenge USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

April 16, 2020
The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States.
  • 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.
  • Blog

Shortage of Farmworkers Threatens Americans’ Food Supply During the Coronavirus

April 7, 2020

The U.S. agricultural industry depends on seasonal guest workers to produce the food Americans eat. Since 1986, the H-2A visa program has allowed employers to fill labor shortages with temporary...

  • Advocacy

Regulatory Comment on Establishing a System for Secretarial Review Over Cases Before the Department of Labor Board of Alien Labor Certification Appeals

April 7, 2020
These comments were submitted on the regulatory changes in the Department of Labor’s Notice of Proposed Rulemaking and Direct Final Rule, published in the Federal Register on March 6, 2020 by the American Immigration Council and the American Immigration Lawyers Association.
  • Blog

What You Need to Know About Public Charge and the Coronavirus

April 6, 2020

Immigrants living in the United States are eligible for unemployment benefits. But as the health and economic impacts of the coronavirus spread across the country, many are reportedly afraid to...

  • Fact Sheet

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

Publication Date: 
April 6, 2020
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...

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