High Skilled

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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 High Skilled Content

  • Research and Analysis

Maintaining A Competitive Edge: Foreign-Born and US Immigration Policies in Science and Engineering

August 1, 2004
Foreign-born scientists and engineers (S&Es) have long played a prominent role in U.S. technological and scientific advancement and are a critical part of the science and engineering (S&E)...
  • Research and Analysis

Putting a Cap on Competitiveness: Arbitrary Limits on H-1B Visas Undermine U.S. Science and Engineer

August 1, 2004
Arbitrary congressional limits on the number of H-1B visas that can be granted annually to highly skilled foreign professionals may undermine the international competitiveness of U.S. science and...
  • Research and Analysis

Relinquishing Excellence: Closing the Door to Foreign Professionals Undermines the U.S. Economy

May 1, 2004
According to a recent National Science Board report, restrictive U.S. visa policies are beginning to close the door to highly skilled foreign professionals who have long helped maintain U.S...
  • Fact Sheet

Labor Market Numerology: Arbitrary Congressional Limits on Temporary Worker Visas

April 1, 2004
The current numerical limits on visas for both high-skilled and seasonal workers prevent U.S. businesses from hiring the workers they need, while doing nothing to protect the jobs or wages of native...
  • Research and Analysis

Beyond the High-Tech Bubble: The Changing Demand for H-1B Professionals

April 1, 2004
Contrary to popular myth, H-1B professionals represent only a tiny fraction of the total U.S. labor force and do not crowd out native-born workers in industries that are losing jobs. Rather, H-1B...
  • Special Report

Health Worker Shortages & the Potential of Immigration Policy

February 1, 2004
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 –...
  • Research and Analysis

Foreign Students on Campus: An Asset to Our Nation

February 1, 2003
Americans are rightfully proud of our nation's higher education system. Scholars come to the U.S. from all over the world and we have historically educated many of the world's leaders. But the...
  • Research and Analysis

The Global Battle for Talent and People

America’s strength lies in its openness and dynamic character. Current concerns about the U.S. economy should not distract from an understanding that in the long term America’s economic success...
  • 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...

  • Blog

USCIS’ Denial Rates for H-1B Petitions Have Quadrupled

November 8, 2019

The Trump administration, acting through U.S. Citizenship and Immigration Services (USCIS), is disrupting the process by which U.S. employers obtain work authorization for highly skilled foreign...

  • Blog

The Artificial Intelligence Industry Thrives on a Global Workforce

November 1, 2019

At a time when skills related to the burgeoning field of Artificial Intelligence (AI) are in very short supply, the U.S. government is making it harder to recruit highly trained professionals from...

  • Blog

US Visa Policies Prevent Tech Startups From Hiring Foreign Workers

September 17, 2019

Tech startups are engines of innovation, economic growth, and job creation. Yet U.S. visa policies may be preventing startups from hiring the highly skilled foreign professionals they need to...

  • Blog

Immigrants and Their Children Founded Almost Half of All US Fortune 500 Companies

July 30, 2019

From the highest levels of corporate America to virtually every level of the labor force, immigration creates new jobs in the U.S. economy. The businesses founded by immigrant entrepreneurs...

  • Blog

USCIS Hits H-1B Cap Within Days, Showing America Needs Foreign Workers

April 8, 2019

As another H-1B season comes to an end, one thing is clear: the demand for educated foreign workers is as high as ever. The annual H-1B cap was reached within a mere 5 business days. U.S....

  • Blog

Taking H-4 Spouses out of the US Workforce Would Hurt Women the Most

March 19, 2019

The Trump administration is set to issue a proposed rule that would prevent the spouses of certain high-skilled temporary foreign workers from getting jobs while they are in the United States. The...

  • Blog

The Demand for Highly-Skilled Foreign Workers Is Undeniable

March 5, 2019

There is little doubt that highly skilled natives and immigrants have worked together for years to drive innovation in a broad range of fields and to build America’s private sector. However,...

  • Blog

USCIS Final Regulation Puts Registration On Hold, Changes Petition Selection Order

February 1, 2019

On January 31, U.S. Citizenship and Immigration Services (USCIS) issued a final regulation that changes the process U.S employers will have to follow in order to hire foreign workers under the “H-...

  • Blog

Businesses Are Fighting Back Against USCIS’ Restrictive View of H-1B ‘Specialty Occupation’

January 28, 2019

U.S. Citizenship and Immigration Services (USCIS) is making it more difficult to hire temporary foreign workers in a “specialty occupation.” American businesses are fighting back in order to keep...

  • Blog

With Comment Period Expired, Uncertainty Remains About H-1B Registration Process

January 3, 2019

January 2 marked the final day for comments on a proposed rule by U.S. Citizenship and Immigration Services (USCIS) that would implement a new registration requirement for H-1B visas for well-...

  • Special Report

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

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.
  • Practice Advisories

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

June 29, 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...

  • 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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