High Skilled

Recent Features

  • 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 High Skilled Content

  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

May 27, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Fact Sheet

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

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...
  • Fact Sheet

The H-1B Visa Program

April 2, 2020
This fact sheet provides an overview of the H-1B visa category and petition process, addresses the myths perpetuated about the H-1B visa category, and highlights the key contributions H-1B workers...
  • Fact Sheet

The H-4 Visa Classification

March 26, 2018
Temporary workers—such as those in H-1B status—typically can bring their spouses and children with them to the United States in what is called H-4 status. This fact sheet provides an overview of the...
  • Special Report

Foreign-Trained Doctors are Critical to Serving Many U.S. Communities

January 17, 2018
U.S. immigration policies significantly limit the ability of these doctors to immigrate to and practice in the United States. As policy-makers debate what immigration reforms would best serve the...
  • Special Report

Wages and High-Skilled Immigration

December 14, 2017
This wage calculation is at the heart of the employment-based immigration system Congress devised to protect U.S. workers from unfair competition, while refraining from micromanaging the hiring...
  • Fact Sheet

Capitalizing on the Economic Potential of Foreign Entrepreneurs

September 13, 2017
This fact sheet describes the legal avenues in the United States available to promising entrepreneurs, as well as some of the barriers they face securing immigration status through these paths.
  • Fact Sheet

The RAISE Act

August 11, 2017
The Reforming American Immigration for Strong Employment Act (RAISE Act) or S. 354 would mark a sweeping overhaul of the U.S. immigration system. It would significantly reduce levels of legal...
  • Fact Sheet

Foreign-born STEM Workers in the United States

June 14, 2017
Foreign-born workers make up a growing share of the country’s STEM workforce and are critical to the country’s innovation, and STEM workers are responsible for many of the cutting-edge ideas and...
  • Fact Sheet

The EB-5 Visa Program: What It Is and How It Works

February 2, 2016
The Immigrant Investor Program, also known as “EB-5,” has become an increasingly important source of investment for development projects in the United States, attracting billions of dollars to the U...
  • 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.
  • 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.
  • Advocacy

Comments Opposing Removal of 30-Day Processing Provision of Asylum Application-Related Form I-765 Employment Authorization Applications

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...

  • FOIA Litigation

Lawsuit Demands Response to FOIAs Seeking Data About Immigrant and Nonimmigrant Adjudications

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.
  • Litigation

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial Disregarding Employer’s Evidence of Specific Specialty Degree Requirement

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.
  • FOIA Litigation

Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council filed a lawsuit under the Freedom of Information Act (FOIA) challenging U.S. Citizenship and...

  • Litigation

Challenging USCIS Denial of Multinational Manager Immigrant Petition

Prioritizing the immigration of multinational executives and managers recognizes the need for the United States to remain competitive in an increasingly global economy.
  • Amicus Briefs

USCIS Should Accept Provisional Degree Certificate as Proof Degree Was Received for Advanced Degree Professionals

February 28, 2017
The Council filed an amicus brief in a case pending before the Administrative Appeals Office (AAO), an administrative body at U.S. Citizenship and Immigration Services (USCIS) that reviews denials of most employment-based visa petitions.
  • FOIA Litigation

FOIA Lawsuit on H-1B Lottery Policies and Procedures

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with Hughes Socol Piers Resnick & Dym, Ltd., filed a lawsuit against USCIS and DHS seeking the...

  • Litigation & Advocacy

Statement for the Senate Judiciary Subcommittee on Immigration and the National Interest on "The Impact of High-Skilled Immigration on U.S. Workers"

February 25, 2016
The statement highlights the critical role that high-skilled foreign employees can bring, especially with regards to science, technology, engineering, and math (STEM).
  • Practice Advisories

New Rule Eliminating 30 Day Processing Deadline for Adjudication of Employment Applications Filed by Initial Asylum Applicants

July 1, 2020

On June 22, 2020, the Department of Homeland Security (DHS) published a rule that removes the 30 day processing deadline for the adjudication of employment authorization document (EAD)...

  • Practice Advisories

Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants

March 15, 2019
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
  • Practice Advisories

Litigation for Business Immigration Practitioners

August 20, 2018
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
  • Practice Advisories

FOIA for Immigration Lawyers

February 13, 2017
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the...
  • Practice Advisories

Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?

September 26, 2016
This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO.
  • Practice Advisories

Practice Tip: Mandamus May Get Results When Nothing Else Works

September 14, 2016

This Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision.

  • Practice Advisories

Practice Tip: When to Appeal to the Administrative Appeals Office (AAO)

July 27, 2016
This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition.
  • Practice Advisories

Practice Tip: Responding to a Request for Evidence

May 25, 2016
This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response.
  • 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.
  • 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

The Trump Administration Expands Legal Immigration Ban, Using COVID-19 Pandemic as Excuse

June 23, 2020

The Trump administration has banned foreign nationals on certain employment-based nonimmigrant visas from entering the United States. The new ban begins June 24, at 12:01 am ET. The administration...

  • Blog

Immigrant IT Workers Play Critical Role in the Coronavirus Pandemic’s Virtual Economy 

June 8, 2020

The coronavirus pandemic has radically altered the U.S. workforce. Many people have lost their jobs, while others have had to continue to go to work despite the serious health risks. Some sectors...

  • Blog

Government Takes Surprising Position to Preserve H-4 Work Permits – For Now

May 13, 2020

A long-running lawsuit over a rule allowing certain spouses of highly educated H-1B workers to work in the United States took an interesting twist. The U.S. Department of Homeland Security (DHS),...

  • 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

The H-1B Registration Period Has Ended. How Did the New System Handle It?

March 26, 2020

U.S. Citizenship and Immigration Services (USCIS) completed its first registration period on March 20 for H-1B petitions. The H-1B visa category allows highly educated foreign workers to...

  • Blog

Immigrant Health Care Workers Play a Vital Role in the United States’ COVID-19 Response

March 24, 2020

As the COVID-19 pandemic unfolds, the U.S. health care system will likely be pushed to its limits. During this time, it is important to remember the role that immigrant health care workers play...

  • Blog

As Trump Slashes All Immigration, Other Countries Open Their Doors

March 4, 2020

The Trump administration has worked to close the door on all types of immigrants—including people trying to come to the United States on visas. Consequently, the United States is experiencing a...

  • Blog

H-1B Registration Is Almost Here: What We Do and Don’t Know About USCIS’ New Process

February 26, 2020

For the first time, U.S. Citizenship and Immigration Services (USCIS) is requiring U.S. employers to register in order to have a chance to file an H-1B petition that is subject to the annual...

  • Blog

What We Know About USCIS’ New H-1B Cap Registration System

January 16, 2020

The new process for petitioning for highly educated H-1B workers will officially begin on March 1, 2020. For the first time, a U.S. employer who wants to file a petition that is subject to the...

  • Blog

USCIS Announces Major Change to H-1B ‘Cap’ Filing With Electronic Registration

December 12, 2019
U.S. Citizenship and Immigration Services (USCIS) recently announced that U.S. employers will have to pay a $10 fee and register to have a chance at filing an H-1B petition subject to the statutory “...
  • Press Release

An Expanded and More Permanent Ban on Immigration Threatens Our Values and Compromises Our Future

June 22, 2020
The Trump administration announced a more permanent order that suspends many categories of immigration to the United States and an expanded ban that halts many legal employment-based immigration categories for those outside of the United States.
  • 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.
  • Press Release

Judge Rules USCIS Must Adjudicate Employment Authorization for Asylum Seekers Within 30-Days

August 2, 2018
A judge ordered last week that United States Citizenship and Immigration Services (USCIS) must adjudicate work authorization applications for asylum seekers within the prescribed 30-day deadline.
  • Press Release

Judge Certifies Nationwide Class in Employment Authorization Case

July 19, 2017
U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS, recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted in a timely manner.
  • Press Release

Lawsuit Seeks Transparency in H-1B Lottery Process

May 23, 2016

shington D.C. - The American Immigration Council (Council) and the American Immigration Lawyers Association (AILA) have teamed up on a lawsuit against the U.S.

  • Press Release

USCIS “Do-Over” of Visa Bulletin Undercuts Administration’s Goal of Visa Modernization

September 29, 2015

Washington D.C.

  • Press Release

Executive Director Benjamin Johnson Testifies Before Senate on High-Skilled Immigration

March 17, 2015

Washington D.C. - Today, the American Immigration Council's Executive Director, Benjamin Johnson, testified before the Senate Judiciary Committee about the integral role immigration plays in

  • Press Release

LAC Wins Release of H-1B Fraud Documents for AILA

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

  • Press Release

Immigrants in America: More Skilled and Educated Than Ever Before

June 9, 2011

Washington D.C. - Today, the Brookings Institution released a new report,

  • Press Release

Federal Court Decision Protects H-1B Employees from Wrongful Arrest

April 13, 2011

Washington D.C. - A recent ruling from a federal judge in

  • Practice Advisories

New Rule Eliminating 30 Day Processing Deadline for Adjudication of Employment Applications Filed by Initial Asylum Applicants

July 1, 2020

On June 22, 2020, the Department of Homeland Security (DHS) published a rule that removes the 30 day processing deadline for the adjudication of employment authorization document (EAD)...

  • Blog

The Trump Administration Expands Legal Immigration Ban, Using COVID-19 Pandemic as Excuse

June 23, 2020

The Trump administration has banned foreign nationals on certain employment-based nonimmigrant visas from entering the United States. The new ban begins June 24, at 12:01 am ET. The administration...

  • Press Release

An Expanded and More Permanent Ban on Immigration Threatens Our Values and Compromises Our Future

June 22, 2020
The Trump administration announced a more permanent order that suspends many categories of immigration to the United States and an expanded ban that halts many legal employment-based immigration categories for those outside of the United States.
  • Blog

Immigrant IT Workers Play Critical Role in the Coronavirus Pandemic’s Virtual Economy 

June 8, 2020

The coronavirus pandemic has radically altered the U.S. workforce. Many people have lost their jobs, while others have had to continue to go to work despite the serious health risks. Some sectors...

  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

May 27, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Blog

Government Takes Surprising Position to Preserve H-4 Work Permits – For Now

May 13, 2020

A long-running lawsuit over a rule allowing certain spouses of highly educated H-1B workers to work in the United States took an interesting twist. The U.S. Department of Homeland Security (DHS),...

  • 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...

  • 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.
  • 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.

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