Business and the Workforce

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  • 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

The Demand for Highly-Skilled Foreign Workers Is Undeniable

March 5, 2019

There is little doubt that highly skilled natives and immigrants have worked together for years to drive innovation in a broad range of fields and to build America’s private sector. However,...

  • 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...

  • Practice Advisories

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

Publication Date: 
November 20, 2020
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act.
  • Blog

USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists

November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject...

  • Amicus Briefs

Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking

Publication Date: 
November 11, 2020
The Council filed an amicus brief supporting plaintiffs’ preliminary injunction and summary judgment motion that the government did not satisfy the stringent requirements necessary to sidestep notice and comment rulemaking.
  • Blog

Three New Lawsuits Challenge Trump’s H-1B Worker Restrictions

October 23, 2020

Three new lawsuits have been filed challenging the Department of Labor’s (DOL) new rules impacting the H-1B visa category, with one also challenging the Department of Homeland Security’s (DHS) new...

  • Blog

How Proposed Changes to ‘Duration of Status’ Rules Will Impact Students and Exchange Visitors

October 20, 2020

The Department of Homeland Security (DHS) has published a proposed rule that will make it more difficult for individuals applying for admission in a J-1 exchange visitor or F-1 student visa...

  • Blog

Restrictions on Foreign Workers Will Hurt America’s Recovery From COVID-19

October 8, 2020

The Trump administration issued two rules October 8 that, if not overturned, will further restrict legal immigration. The Department of Homeland Security (DHS) issued the first rule, which only...

  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • Blog

Federal Judge Limits Trump Administration’s Foreign Worker Ban

October 2, 2020

On October 1, a federal judge ordered the Trump administration to stop enforcing parts of a presidential proclamation that banned many foreign workers from entering the United States. The court...

  • Blog

How Trump’s COVID-19 Immigration Ban Has Impacted Family-Based Immigration

October 1, 2020

The Trump administration is successfully using the COVID-19 pandemic as a pretext to alter the U.S. system of legal immigration. New government data makes clear that these changes will...

  • Practice Advisories

Requesting Attorneys' Fees Under the Equal Access to Justice Act

Publication Date: 
August 14, 2020
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions.

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