Employment Based

Recent Features

  • Practice Advisories

Mandamus Litigation Against DOL to Address Delays in Prevailing Wage Determinations and Labor Certifications

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).

  • Blog

Lawsuit Against DHS and USCIS Seeks Transparency in H-1B Lottery Process

This lawsuit against the U.S. Department of Homeland Security and USCIS seeks information about the government’s administration of the H-1B lottery.

All Employment Based Content

  • 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

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

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

Employment-Based Visa Categories in the United States

September 13, 2016
Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. This fact sheet provides basic...
  • Special Report

Guest Workers Program with a Path to Legalization

April 1, 2006
As we have seen in the last month, segments of the United States media, policy leaders, and populace continue to be obsessed with the issue of undocumented immigration to the United States. Turn...
  • Fact Sheet

The Economics of Necessity: Economic Report of the President Underscores Importance of Immigration

May 1, 2005
Although immigration is crucial to the growth of the U.S. labor force and yields a net fiscal benefit to the U.S. economy, current immigration policies fail to respond to actual labor demand.
  • 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

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.
  • Litigation

Lawsuit Challenges Postponement of the International Entrepreneur Rule

Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule.
  • Amicus Briefs

USCIS Should Accept Provisional Degree Certificate as Proof Degree Was Received for Advanced Degree Professionals

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.
  • Litigation

FOIA Lawsuit on H-1B Lottery Policies and Procedures

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...

  • Litigation

EAD Adjudication Delays

Faced with increasing reports from immigration lawyers of EAD adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
  • Litigation & Advocacy

Statement for the Senate Committee on the Judiciary on High-Skilled Immigrant Workers

March 17, 2015
The statement discusses the powerful role that immigration has played in developing a strong and competent work force for the 21st century, especially in regards to the science, engineering, technology, and math (STEM) fields.
  • Amicus Briefs

Mantena v. Napolitano - Second Circuit

December 15, 2014
The Council, with AILA, filed an amicus brief arguing that a district court has jurisdiction to review procedures followed by USCIS to revoke an employment-based visa petition. Amici argue that INA § 242(a)(2)(B), which limits judicial review over certain discretionary decisions, does not preclude review over the question of whether USCIS was required to provide notice of the visa petition revocation proceedings to the beneficiary. This is particularly true where, as in this case, the beneficiary had utilized the “porting” provision of INA § 204(j) to change employers more than 2 ½ years earlier, but USCIS issued its notice of intent to revoke only to the former employer and revoked the petition when the former employer did not respond.
  • 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

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.
  • Practice Advisories

Mandamus Litigation Against DOL to Address Delays in Prevailing Wage Determinations and Labor Certifications

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).

  • Practice Advisories

Requesting Attorneys' Fees Under the Equal Access to Justice Act

June 17, 2014
Litigants who are successful in their federal court cases against the government may be able to recover attorneys’ fees and costs under the Equal Access to Justice Act (EAJA). The American Immigration Council and National Immigration Project have reissued their Practice Advisory on EAJA. The Advisory discusses the statutory requirements for eligibility and other procedural and substantive aspects of filing a fee application under the Equal Access to Justice Act (EAJA).
  • 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...

  • 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

Department of Homeland Security Blocks H-2B Visas for Filipinos, Dominicans, and Ethiopians

January 24, 2019

Citing high rates of visa overstays, on January 18 the Department of Homeland Security (DHS) published a new rule mostly barring nationals from the Dominican Republic, the Philippines, and...

  • 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-...

  • Blog

Sick From Eating That Salad? Blame Trump’s Immigration Policies

December 18, 2018

In 2018 alone, the Center for Disease Control has been called to investigate 24 instances of foodborne disease outbreaks, marking the highest number of investigations since 2006. These recent...

  • 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

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

Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician

February 17, 2016

Washington, D.C.

  • Press Release

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

September 17, 2014

Washington, D.C.

  • Press Release

American Immigration Council Files BALCA Brief Challenging Unfair DOL Process

November 8, 2013

Yesterday, the American Immigration Council, in collaboration with AILA, filed an amicus brief

  • 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....

  • 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.
  • 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...

  • 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.
  • 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

Department of Homeland Security Blocks H-2B Visas for Filipinos, Dominicans, and Ethiopians

January 24, 2019

Citing high rates of visa overstays, on January 18 the Department of Homeland Security (DHS) published a new rule mostly barring nationals from the Dominican Republic, the Philippines, and...

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