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Last modified: 
April 18, 2023
Publication Date: 
January 18, 2023
A new research series from the American Immigration Council, The Growing Demand for Healthcare Workers, highlights the crucial role immigrants are playing to help address critical workforce shortages...
Last modified: 
March 9, 2023
Publication Date: 
March 9, 2023
This research brief highlights the crucial role immigrants in Nevada are playing to help address critical physician shortages.
Last modified: 
February 16, 2023
Publication Date: 
May 16, 2022

New research from the American Immigration Council, Economic Benefits of the Empire State Licensing: Immigrants in New York State’s Workforce, highlights the crucial role of immigrants and...

Last modified: 
September 21, 2022
Publication Date: 
September 21, 2022
To address significant shortages of physicians and other healthcare workers, Texas must establish policies that recruit and retain local talent and give employment possibilities for immigrant...
Last modified: 
July 15, 2022
Publication Date: 
July 15, 2022
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...
Last modified: 
July 11, 2022
Publication Date: 
July 11, 2022

New research from the American Immigration Council, The Economic Contributions of Immigrants in Texas, highlights the crucial role of immigrants in the state’s workforce across the manufacturing,...

Last modified: 
June 13, 2022
Publication Date: 
June 14, 2022
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...
Publication Date: 
June 14, 2022
Recent federal policy changes have opened up new avenues for American businesses of all sizes to connect with talented researchers and other highly-skilled individuals in the STEM fields. The...
Publication Date: 
September 30, 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.
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...
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.
This lawsuit challenges USCIS' arbitrarily rejected H-1B petitions filed after October 1 simply because the H-1B worker’s intended employment start date—naturally—also fell after October 1.
December 9, 2020

The American Immigration Council and the American Immigration Lawyers Association filed comments to address the substantive flaws in the Department of...

Publication Date: 
November 11, 2020
The Council filed an amicus brief supporting plaintiffs’ preliminary injunction and summary judgment motion that the government did not satisfy the stringent requirements necessary to sidestep notice and comment rulemaking.
November 10, 2020
The letter explains why the Interim Final Rule does not protect U.S. workers and directly interferes with an employer’s ability to obtain the H-1B workers it needs and outlines six reasons why the Interim Final Rule should be rescinded.
October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

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.
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.
Publication Date: 
December 16, 2019
The American Immigration Council filed this brief in support of a U.S. employer’s challenge to the U.S. Citizenship and Immigration Service’s denial of a computer programmer H-1B petition.
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...

Publication Date: 
October 4, 2021
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action.
Publication Date: 
June 10, 2021
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.
Publication Date: 
March 1, 2021
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
Publication Date: 
November 20, 2020
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act.
Publication Date: 
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.
Publication Date: 
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.

Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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.

June 28, 2022

Demand for workers in the fields of science, technology, engineering, and mathematics (STEM) continues to grow in the United States. The Bureau of Labor Statistics projects that the country will...

January 26, 2022

The Biden administration recently announced four actions intended to improve immigration “pathways” for noncitizens in science, technology, engineering, and mathematics (STEM) fields. However,...

January 25, 2022

The labor shortages currently afflicting many sectors of the U.S. economy are being aggravated by the arrival of fewer and fewer workers from abroad. Although immigration has been slowing since...

November 5, 2021

Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date...

October 27, 2021

A recent class action settlement is expected to result in U.S. Citizenship and Immigration Services (USCIS) approving more market research analyst H-1B petitions. The lawsuit was filed by four U.S...

May 26, 2021

Businesses and industry organizations are among those pushing back against a rule that would change eligibility for filing an H-1B petition. The new rule would require the H-1B lottery selection...

March 30, 2021

A ban blocking certain employment-based visas implemented and extended by former President Trump is set to expire on March 31. The ban has likely prevented hundreds of thousands of people from...

March 19, 2021

Employers and workers are starting to see a shift from U.S. Citizenship and Immigration Services (USCIS) on unlawful restrictions of the H-1B specialty occupation visa category. Over the past nine...

February 5, 2021

Business immigration has already benefited from the change in administrations. On January 25, President Biden issued an executive order directly replacing a Trump-era executive order that wreaked...

January 14, 2021

The Department of Homeland Security (DHS) recently issued a final rule changing the way U.S. Citizenship and Immigration Services (USCIS) selects the registrations of U.S. employers that want to...

February 4, 2022
The U.S. House of Representatives passed an economic competitiveness bill focused on advancing the United States’ innovation and global competitiveness, which also proposes reforms to U.S. immigration law to help attract and retain immigrant talent.
January 21, 2022
The Biden administration announced new efforts to modernize parts of our immigration system, and remove barriers to legal immigration. DHS will add 22 new fields of study in the STEM Optional Practical Training program through the Student and Exchange Visitor Program, and will implement a series of additional changes to allow foreign students, scholars, and researchers to come to the United States and make meaningful contributions to America’s scholarly, research and development, and innovation communities.
October 28, 2021
The federal district court in the Northern District of California approved a settlement in a class action lawsuit challenging USCIS' pattern and practice of arbitrarily denying H-1B petitions for market research analyst positions filed by businesses in the United States.
March 12, 2021
A federal lawsuit filed on behalf of seven U.S. businesses challenges USCIS arbitrary rejection of H-1B nonimmigrant employment-based petitions filed after October 1 solely because the H-1B worker’s intended employment start date falls after October 1.
November 18, 2020
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging 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 businesses in the United States.
October 22, 2020
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system.
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.
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.
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.
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.
Last modified: 
April 18, 2023
Publication Date: 
January 18, 2023
A new research series from the American Immigration Council, The Growing Demand for Healthcare Workers, highlights the crucial role immigrants are playing to help address critical workforce shortages...
Last modified: 
March 9, 2023
Publication Date: 
March 9, 2023
This research brief highlights the crucial role immigrants in Nevada are playing to help address critical physician shortages.
Last modified: 
February 16, 2023
Publication Date: 
May 16, 2022

New research from the American Immigration Council, Economic Benefits of the Empire State Licensing: Immigrants in New York State’s Workforce, highlights the crucial role of immigrants and...

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.
Last modified: 
September 21, 2022
Publication Date: 
September 21, 2022
To address significant shortages of physicians and other healthcare workers, Texas must establish policies that recruit and retain local talent and give employment possibilities for immigrant...
Last modified: 
July 15, 2022
Publication Date: 
July 15, 2022
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...
Last modified: 
July 11, 2022
Publication Date: 
July 11, 2022

New research from the American Immigration Council, The Economic Contributions of Immigrants in Texas, highlights the crucial role of immigrants in the state’s workforce across the manufacturing,...

Last modified: 
June 13, 2022
Publication Date: 
June 14, 2022
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...
June 28, 2022

Demand for workers in the fields of science, technology, engineering, and mathematics (STEM) continues to grow in the United States. The Bureau of Labor Statistics projects that the country will...

Publication Date: 
June 14, 2022
Recent federal policy changes have opened up new avenues for American businesses of all sizes to connect with talented researchers and other highly-skilled individuals in the STEM fields. The...

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