High Skilled

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All High Skilled Content

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...

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...
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...
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...
March 4, 2012
With the U.S. economy in the midst of a prolonged slump, it’s hard to believe that any industry would actually benefit from having more workers. But that is precisely the case when it comes to those...
March 30, 2011
It might seem that persistently high unemployment rates over the past few years have rendered moot the debate over whether or not the United States really “needs” the highly skilled foreign workers...
June 23, 2010
The 2000 Census found that immigrants, while accounting for 12 percent of the population, made up nearly half of the all scientists and engineers with doctorate degrees. Nearly 70 percent of the men...
January 3, 2007
The United States possesses a number of competitive assets in the global war for talent: most notably, its huge and flexible labor market and an abundance of leading-edge multinational corporations...
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...
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.

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...

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).
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.
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.
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.
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.

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...

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...

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).

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.
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.

April 5, 2006
This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts. The government has asserted this jurisdictional bar in employment-based, family-based, and humaritarian-based immigration cases.
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...

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...

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...

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 “...
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...

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...

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...

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...

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....

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...

June 9, 2011

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

April 13, 2011

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

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.
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)...

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...

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.
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...

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),...

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...

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.
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.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending