Business and the Workforce

Recent Features

  • Special Report

Defining Skill: The Many Forms of Skilled Immigrant Labor

From construction workers to gardeners, many low-wage immigrant workers are in fact quite skilled.

  • 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.

  • Fact Sheet

The Exchange Visitor Program and J-1 Visas

The Exchange Visitor Program (EVP) initially brought scholars to the United States to teach or conduct research. Today, there are 14 categories of programs through which EVP participants can teach, study, research, or receive training.

All Business and the Workforce Content

  • Fact Sheet

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

April 16, 2019
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

Workers with Temporary Protected Status in Key Industries and States

January 9, 2019
This fact sheet estimates the likely numbers of workers with TPS from these three countries, broken down by the states in which they reside and the industries in which they are employed.
  • Fact Sheet

How USCIS Estimates Application and Petition Processing Times

July 18, 2018
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
  • Special Report

The Immigrant Success Story

June 11, 2018
Some confusion exists regarding the economic aspects of family-based immigration. To help unpack those aspects, this report focuses on one of them—namely, the earnings of family-based immigrants.
  • Fact Sheet

The H-4 Visa Classification

March 26, 2018
Temporary workers—such as those in H-1B status—typically can bring their spouses and children with them to the United States in what is called H-4 status. This fact sheet provides an overview of the...
  • Special Report

Foreign-Trained Doctors are Critical to Serving Many U.S. Communities

January 17, 2018
U.S. immigration policies significantly limit the ability of these doctors to immigrate to and practice in the United States. As policy-makers debate what immigration reforms would best serve the...
  • Special Report

Wages and High-Skilled Immigration

December 14, 2017
This wage calculation is at the heart of the employment-based immigration system Congress devised to protect U.S. workers from unfair competition, while refraining from micromanaging the hiring...
  • 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...
  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
  • Litigation

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties

As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued.
  • Litigation

U.S. Employer Challenges USCIS "Not a Specialty Occupation" H-1B Petition Denial of Market Research Analyst Job

In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties.
  • FOIA

FOIA Requests Seek Data About Immigrant and Nonimmigrant Adjudications

Under the Trump administration, we have seen an uptick in requests for additional information about petitions filed by U.S. employers on behalf of foreign-born workers. We also have seen greater numbers of denials of these petitions. According to the employers and their workers, these trends reflect unlawful adjudications across the board. In response to these changes, the Council filed two Freedom in Information Act requests.
  • Litigation

Lawsuit Demands Response to FOIAs Seeking Data About Immigrant and Nonimmigrant Adjudications

With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years.
  • Litigation

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial Disregarding Employer’s Evidence of Specific Specialty Degree Requirement

This case is representative of the difficulties employers encounter when new occupations emerge to fill business needs which require at least a bachelor’s degree, but no consensus exists as to the degree requirement.
  • Litigation

More U.S. Businesses Are Challenging USCIS H-1B Petition Denials

In recent years, U.S. Citizenship and Immigration Services (USCIS) has been denying H-1B petitions for jobs that the agency previously approved as being in a specialty occupation. This case is representative.
  • Litigation

Challenging USCIS “Not a Specialty Occupation” H-1B Petition Denial

The denials of employment-based petitions must end. This suit challenges the policy changes that restrict employers’ lawful use of H-1B workers.
  • Litigation

Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council filed a lawsuit under the Freedom of Information Act (FOIA) challenging U.S. Citizenship and...

  • Litigation

Challenging USCIS Denial of Multinational Manager Immigrant Petition

Prioritizing the immigration of multinational executives and managers recognizes the need for the United States to remain competitive in an increasingly global economy.
  • Practice Advisories

Agency Delay Litigation: Opposing a Motion to Dismiss

October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments, with supporting authority, that can be made in response.
  • Practice Advisories

Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants

March 15, 2019
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
  • Practice Advisories

Litigation for Business Immigration Practitioners

August 20, 2018
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.
  • Practice Advisories

Mandamus Actions: Avoiding Dismissal and Proving the Case

March 8, 2017
This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.
  • 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

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.
  • Blog

USCIS Implemented New H-1B Wage Level Policy Without Providing Sufficient Guidance to Its Staff

October 1, 2019

Newly released documents obtained under the Freedom of Information Act (FOIA) reveal that U.S. Citizenship and Immigration Services (USCIS) rolled out a major policy change impacting petitions for...

  • 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

USCIS Visa Petition Denials on the Rise

August 16, 2019

Legal immigration channels to the United States are continuing to suffer under the Trump administration. These restrictions are having an effect on employment-based immigration—particularly...

  • 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

30,000 More Seasonal Worker Visas to Become Available After a Bipartisan Push

April 19, 2019

In a welcome immigration-related development, the Trump administration has proposed increasing the annual allotment of H-2B visas for temporary nonagricultural workers. As employers have long...

  • Blog

Why It’s Critical to Take a Closer Look at Foreign-Worker Petitions Data

April 11, 2019

American businesses rely on foreign-born workers in many industries and the country’s immigration system has channels specifically dedicated to employment-based immigration. The Trump...

  • 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

‘We Just Heard Screaming.’ ICE Arrests 280 Workers in the Largest Immigration Raid in a Decade

April 4, 2019

The scene outside a technology repair company in Allen, Texas on Wednesday was bleak. In the aftermath of an immigration raid, family members gathered to make phone calls, connect with attorneys,...

  • Blog

How Can U.S. Blue-Collar Industries Thrive Again?

March 29, 2019

For the first time in two decades, the U.S. workforce has more jobs than people willing or able to fill them. Labor shortages are impacting almost every field in the country. But employers are now...

  • 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...

  • Press Release

Judge Rules USCIS Must Adjudicate Employment Authorization for Asylum Seekers Within 30-Days

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.
  • Press Release

The Immigrant Success Story: How Family-Based Immigrants Thrive in America

June 12, 2018
Through analysis of data from the decennial census and administrative data from the Immigration and Naturalization Service, this special report examines the earnings gains over time of all immigrants, as well as the earnings gains experienced by family-based immigrants compared to employment-based immigrants.
  • Press Release

Motion for Preliminary Injunction Filed to Compel DHS to Implement International Entrepreneur Rule

September 29, 2017
a motion for a preliminary injunction in federal court in Washington, D.C. to compel the Department of Homeland Security to implement the International Entrepreneur Rule pending final judgment of the suit brought by NVCA and the other plaintiffs.
  • Press Release

Lawsuit Filed Challenging Delay of International Entrepreneur Rule

September 19, 2017
Entrepreneurs, startup companies, and the National Venture Capital Association (NVCA) filed a lawsuit in federal court today challenging the Department of Homeland Security’s (DHS) delay of the International Entrepreneur Rule (IER).
  • 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

Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician

February 17, 2016

Washington, D.C.

  • 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

Immigration Council Urges U.S. Department of Labor to Ensure Fairness

September 17, 2014

Washington, D.C.

  • Practice Advisories

Agency Delay Litigation: Opposing a Motion to Dismiss

October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments, with supporting authority, that can be made in response.
  • Blog

USCIS Implemented New H-1B Wage Level Policy Without Providing Sufficient Guidance to Its Staff

October 1, 2019

Newly released documents obtained under the Freedom of Information Act (FOIA) reveal that U.S. Citizenship and Immigration Services (USCIS) rolled out a major policy change impacting petitions for...

  • 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

USCIS Visa Petition Denials on the Rise

August 16, 2019

Legal immigration channels to the United States are continuing to suffer under the Trump administration. These restrictions are having an effect on employment-based immigration—particularly...

  • 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...

  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
  • Litigation

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties

As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued.
  • Litigation

U.S. Employer Challenges USCIS "Not a Specialty Occupation" H-1B Petition Denial of Market Research Analyst Job

In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties.
  • Blog

30,000 More Seasonal Worker Visas to Become Available After a Bipartisan Push

April 19, 2019

In a welcome immigration-related development, the Trump administration has proposed increasing the annual allotment of H-2B visas for temporary nonagricultural workers. As employers have long...

  • Fact Sheet

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

April 16, 2019
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...

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