Business and the Workforce

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

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.  

All Business and the Workforce Content

  • Blog

Bipartisan Group of Lawmakers Oppose Revoking Work Authorization for Spouses of H1-B Holders

May 23, 2018

In a rare show of bipartisanship, 130 members of Congress sent a letter to Department of Homeland Security (DHS) Secretary Kirsten Nielsen urging her to maintain the current regulation granting...

  • Blog

Immigrants Create Jobs for American Workers, Boosting the U.S. Employment Rate

May 22, 2018

When immigrants bring their skills to the U.S. labor market, everyone—immigrants and native-born workers alike—benefit from their company. Research has repeatedly shown that native-born workers...

  • Blog

What You Need to Know About Immigrant Women Entrepreneurs

May 21, 2018

The United States depends on a growing private sector to remain strong and immigrant entrepreneurship is a key component to this growth. Immigrants are more likely to start businesses than their...

  • Blog

Is USCIS Exceeding Its Authority as It Attempts to Restrict “Specialty Occupation” Workers?

May 10, 2018

As U.S. Citizenship and Immigration Services (USCIS) begins adjudicating H-1B petitions subject to the Fiscal Year (FY) 2019 “cap,”—the annual limit on the number of visas that will be made...

  • Blog

Delays in the Increase of Seasonal Worker Visas May Prove Too Late for Certain Industries

May 7, 2018

Failure to get H-2B (seasonal worker) visas approved has put Maryland’s seafood industry in jeopardy. Almost half of the Eastern Shore’s crab houses do not have workers they need to pick the meat...

  • Blog

Immigrants Are Founding a Quarter of New Businesses in the United States

May 2, 2018

National Small Business Week, which runs from April 29 to May 5, highlights the hard work of the United States’ business owners, entrepreneurs, and innovators. America’s small businesses—nearly 30...

  • Blog

Fewer Foreign Doctors Could Spell Disaster for America’s Most Underserved Communities

April 13, 2018

The United States has long been the country of choice for international physicians seeking a graduate medical education. But for the second year in a row, the number of foreign doctors who applied...

  • Blog

H-1B Cap Has Been Reached in First Week for Sixth Consecutive Year, USCIS Announces

April 6, 2018

Demonstrating a critical demand for educated foreign workers in the United States, the annual H-1B cap has been reached within 5 business days. United States Citizenship and Immigration Services...

  • Blog

Allowing Spouses of H1-B’s to Work Makes America More Competitive

March 27, 2018

As part of the April 2017 “Buy American and Hire American” executive order, the Trump administration announced that it intends to revoke the employment eligibility of the spouses of foreign...

  • Blog

The Invisible Wall That President Trump Has Already Built

March 21, 2018

Legal immigration and the number of foreigners visiting the United States has taken a serious hit within the last year, as the Trump administration makes changes to policies and procedures without...

  • 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...

  • 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.
  • 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-...

  • 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.
  • 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...

  • Blog

Uptick in Worksite Enforcement Hurts US Businesses and Economy

December 12, 2018

In its battle against undocumented immigration, the Trump administration appears to be focused on looking tough rather than addressing real problems. Judging from the latest official statistics on...

  • Blog

USCIS’ Proposed H1-B Registration Rule Creates More Uncertainty for Employers

December 7, 2018

Just months short of the normal starting date for the annual H-1B petition process, USCIS has proposed major changes. U.S. employers who rely on this visa category, which is for jobs that require...

  • Blog

The US Economy Is Strengthened by Foreign-Born Entrepreneurs

October 30, 2018

Many of the billion-dollar startup companies in the United States, such as Uber and SpaceX, would not exist—or would have been created in another country—if U.S. immigration policies had not given...

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