High Skilled

Recent Features

  • Practice Advisories

Practice Tip: Building the Record for Employment-Based Petitions

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. 

  • Blog

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

This lawsuit against the U.S. Department of Homeland Security and USCIS seeks information about the government’s administration of the H-1B lottery. 

All High Skilled Content

  • 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 H-1B Visa Program: A Primer on the Program and Its Impact on Jobs, Wages, and the Economy

April 1, 2016
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 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...
  • Special Report

Giving the Facts a Fighting Chance: Addressing Common Questions on Immigration

December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

  • Special Report

Health Worker Shortages & the Potential of Immigration Policy

February 1, 2014
Foreign-born and foreign-trained professionals play an important role in the delivery of health care in the United States. This report examines the important role of immigrant doctors and nurses –...
  • Fact Sheet

Fueling the Recovery

May 13, 2013
How High-Skilled Immigrants Create Jobs and Help Build the U.S. Economy With the U.S. economy still recovering, it may seem counterintuitive to believe that any industry would benefit from having...
  • Fact Sheet

Rebuilding Local Economies

May 13, 2013
Innovation, Skilled Immigration, and H-1B Visas in U.S. Metropolitan Areas Although immigration policy is debated at the national level, its impact is most often felt in local and regional...
  • Fact Sheet

A Bipartisan Bridge to Prosperity: High-Skilled Immigration Legislation in the 113th Congress

March 1, 2013
In the spirit of bipartisan immigration reform, a geographically diverse contingent from both chambers of Congress have introduced legislation to strengthen high-skilled immigration and spur economic...
  • 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.
  • 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

EAD Adjudication Delays

Faced with increasing reports from immigration lawyers of EAD adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
  • 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.
  • Amicus Briefs

Microsoft Corporation - BALCA

November 7, 2013
The Council and AILA filed an amicus brief in an en banc case pending before BALCA, an administrative body at the Department of Labor that reviews denials of PERM labor certifications. The case turned on the proper interpretation of a regulation which requires employers to notify certain laid-off U.S. employees about new job opportunities before the employers are permitted to hire foreign workers. The brief focused on the agency’s failure to provide fair warning before applying a new, more restrictive interpretation of the notification requirement.
  • Litigation

Visa Programs for High-Skilled Workers

On behalf of AILA, the American Immigration Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit against DHS and USCIS in July 2010 seeking the public release of records concerning agency policies and procedures related to fraud investigations in the H-1B program.
  • FOIA

H-1B Fraud Investigations FOIA

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit in July...

  • FOIA

L-1B Adjudications FOIA

In May 2012, the American Immigration Council filed a FOIA request seeking records issued by USCIS and/or DHS, or used by USCIS and/or DHS, from January 2008 to the...

  • 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

Litigation for Business Immigration Practitioners

June 3, 2016
This Practice Advisory provides information to help practitioners assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
  • 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).

  • Practice Advisories

Immigration Lawsuits and the APA: The Basics of a District Court Action

June 20, 2013
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.
  • Practice Advisories

Introduction to Habeas Corpus

June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

  • Blog

Attacks on Exchange Visitor Program Hurts American Businesses

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...

  • 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

Foreign Workers Make Up 25 Percent of the Entire STEM Workforce

June 14, 2017

With the Trump administration threatening to limit the immigration of highly skilled foreign professionals to the United States, now is a good time to take stock of just how valuable those...

  • Blog

Trump Nominee for USCIS Director Testifies before Senate Committee

May 31, 2017

President Trump’s pick for the next director of U.S. Citizenship and Immigration Services (USCIS), Lee Francis Cissna, recently testified before the Senate Judiciary Committee. This was the first...

  • Blog

Training for U.S.-Educated Noncitizens Withstands Another Restrictionist Attack

May 12, 2017

Some foreign students complete their stay in the United States by gaining professional experience in their field of study. Immigration restrictionists want to end that opportunity. For the second...

  • Blog

Trump’s Latest Executive Order Targets High-Skilled Immigrants

April 19, 2017

On April 18, President Trump signed the Presidential executive order on Buy American and Hire American. Similar to the other immigration-related executive orders, this one has no immediate effect...

  • Blog

Trump Administration to Announce H-1B Visa Changes

April 17, 2017

Several media outlets have reported that on Tuesday, April 18, President Trump will sign an executive order mandating that the immigration agencies undertake a review of the H-1B visas...

  • Blog

H-1B Annual Cap Reached in First Week for Fifth Consecutive Year

April 7, 2017

U.S. employers are vying for the chance to hire skilled foreign workers, but once again, the annual H-1B cap has been reached within five business days. USCIS began accepting H-1B petitions on...

  • Blog

Halt to Premium Processing of H-1B Visa Petitions Hurts Workers, Business and USCIS

March 7, 2017

United States Citizenship and Immigration Services (USCIS) has announced it will halt premium processing of H-1B visa petitions on April 3, for up to six months. Through the H-1B visa category,...

  • Blog

Five Things to Look for on Immigration in the 115th Congress

January 9, 2017

When President-elect Donald Trump is sworn in later this month, for the first time in a decade, the Republican Party will have control of the House of Representatives, U.S. Senate, and the...

  • 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

  • Blog

Attacks on Exchange Visitor Program Hurts American Businesses

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...

  • 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.
  • 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...

  • 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...
  • 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.
  • Blog

Foreign Workers Make Up 25 Percent of the Entire STEM Workforce

June 14, 2017

With the Trump administration threatening to limit the immigration of highly skilled foreign professionals to the United States, now is a good time to take stock of just how valuable those...

  • 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...
  • Blog

Trump Nominee for USCIS Director Testifies before Senate Committee

May 31, 2017

President Trump’s pick for the next director of U.S. Citizenship and Immigration Services (USCIS), Lee Francis Cissna, recently testified before the Senate Judiciary Committee. This was the first...

  • Blog

Training for U.S.-Educated Noncitizens Withstands Another Restrictionist Attack

May 12, 2017

Some foreign students complete their stay in the United States by gaining professional experience in their field of study. Immigration restrictionists want to end that opportunity. For the second...

  • Blog

Trump’s Latest Executive Order Targets High-Skilled Immigrants

April 19, 2017

On April 18, President Trump signed the Presidential executive order on Buy American and Hire American. Similar to the other immigration-related executive orders, this one has no immediate effect...

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