High Skilled

What role do immigrants play in American business and the American workforce? Immigrants work in a range of skilled positions in the U.S. and start businesses that boost the American economy. Learn more about immigrant entrepreneurship and workforce participation.

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

  • Research and Analysis

Building a Competitive Workforce: Immigration and the U.S. Manufacturing Sector

August 1, 2006
Shortages of skilled labor constitute the foremost challenge confronting U.S. manufacturers who face growing competition from manufacturers in Asia, Eastern Europe, and elsewhere. Demand for...
  • 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...
  • 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...
  • 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...
  • 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

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...

  • 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...

  • 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 “...
  • 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

The Biden Administration Is Already Supporting Employment-Based Immigration, But Uncertainty Remains

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...

  • Blog

What You Need to Know About the Latest Changes to the H-1B Registration Process

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...

  • Blog

Your COVID-19 Vaccine Was Likely Made by an Immigrant

December 14, 2020

The development of a COVID-19 vaccine is a global endeavor. The scientists and entrepreneurs creating the vaccine are of many nationalities and immigration statuses—as are the millions of people...

  • Comments

Comments Filed To Address Substantive Flaws in Proposed H-1B Regulatory Changes

December 9, 2020

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

  • Blog

District Court Stops Regulations Restricting the H-1B Visa Category

December 2, 2020

On December 1, a federal district court judge disrupted the Trump administration’s relentless attack on legal immigration by halting two new sets of regulations. The U.S. Chamber of Commerce and...

  • Practice Advisories

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

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.
  • Press Release

Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses

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.
  • Blog

USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists

November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject...

  • Amicus Briefs

Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking

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.
  • Letters

Letter Opposing the Department of Labor’s High-Skilled Wage Rule

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.

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