Business and the Workforce

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June 18, 2020
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,...
June 12, 2020
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...
April 2, 2020
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...
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.
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.
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...
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...
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.
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...
March 8, 2017
There are nearly 12 million immigrant (foreign-born) women workers in the United States today, comprising just over 7 percent of the total labor force.
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.
February 6, 2020
The American Immigration Council calls on USCIS to withdraw the Notice immediately as it contains significant changes that contravene long-established policy, harms an applicant’s access to administrative review, and was not issued under the proper legal framework under the Administrative Procedure Act.
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.
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.

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...

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...

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.
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.
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.
December 4, 2019
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court.
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.
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...
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.
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.
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.
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.
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 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).
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 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 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...

June 1, 2020

President Trump issued a proclamation to prevent certain Chinese nationals from entering the United States using academic student (F) or exchange visitor researcher (J) visas. The proclamation...

May 29, 2020

May 31 closes out Asian American and Pacific Islander (AAPI) Heritage Month, a time dedicated to recognizing the contributions of Asian Americans and Pacific Islanders in the United States. The...

May 20, 2020

The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State’s Exchange Visitor Program. These...

May 15, 2020

The coronavirus pandemic has highlighted the importance of essential workers in keeping America up and running. First-responders, medical staff, meat packers, and domestic, hospitality, and...

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),...

May 1, 2020

The coronavirus presents a clear and immediate danger to America’s food supply. Meatpacking plants in particular have taken a huge hit. To mitigate the loss of production, President Trump signed...

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

Individuals participating in the J-1 Visa Exchange Visitor Program were faced with a difficult choice in the hours after President Trump issued travel restrictions to Europe: leave their program...

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.
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.
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).
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.

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

September 17, 2014

Washington, D.C.

November 8, 2013

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

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

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 18, 2020
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,...
June 12, 2020
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...
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...

June 1, 2020

President Trump issued a proclamation to prevent certain Chinese nationals from entering the United States using academic student (F) or exchange visitor researcher (J) visas. The proclamation...

May 29, 2020

May 31 closes out Asian American and Pacific Islander (AAPI) Heritage Month, a time dedicated to recognizing the contributions of Asian Americans and Pacific Islanders in the United States. The...

May 20, 2020

The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State’s Exchange Visitor Program. These...

May 15, 2020

The coronavirus pandemic has highlighted the importance of essential workers in keeping America up and running. First-responders, medical staff, meat packers, and domestic, hospitality, and...

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),...

May 1, 2020

The coronavirus presents a clear and immediate danger to America’s food supply. Meatpacking plants in particular have taken a huge hit. To mitigate the loss of production, President Trump signed...

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