High Skilled

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.  

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All High Skilled Content

Publication Date: 
March 30, 2011
It might seem that persistently high unemployment rates over the past few years have rendered moot the debate over whether or not the United States really “needs” the highly skilled foreign workers...
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June 23, 2010
The 2000 Census found that immigrants, while accounting for 12 percent of the population, made up nearly half of the all scientists and engineers with doctorate degrees. Nearly 70 percent of the men...
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January 3, 2007
The United States possesses a number of competitive assets in the global war for talent: most notably, its huge and flexible labor market and an abundance of leading-edge multinational corporations...
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September 1, 2006
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August 1, 2006
Shortages of skilled labor constitute the foremost challenge confronting U.S. manufacturers who face growing competition from manufacturers in Asia, Eastern Europe, and elsewhere. Demand for...
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August 1, 2004
Foreign-born scientists and engineers (S&Es) have long played a prominent role in U.S. technological and scientific advancement and are a critical part of the science and engineering (S&E)...
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August 1, 2004
Arbitrary congressional limits on the number of H-1B visas that can be granted annually to highly skilled foreign professionals may undermine the international competitiveness of U.S. science and...
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May 1, 2004
According to a recent National Science Board report, restrictive U.S. visa policies are beginning to close the door to highly skilled foreign professionals who have long helped maintain U.S...
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April 1, 2004
The current numerical limits on visas for both high-skilled and seasonal workers prevent U.S. businesses from hiring the workers they need, while doing nothing to protect the jobs or wages of native...
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April 1, 2004
Contrary to popular myth, H-1B professionals represent only a tiny fraction of the total U.S. labor force and do not crowd out native-born workers in industries that are losing jobs. Rather, H-1B...
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...

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...

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...

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),...

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...

March 26, 2020

U.S. Citizenship and Immigration Services (USCIS) completed its first registration period on March 20 for H-1B petitions. The H-1B visa category allows highly educated foreign workers to...

March 24, 2020

As the COVID-19 pandemic unfolds, the U.S. health care system will likely be pushed to its limits. During this time, it is important to remember the role that immigrant health care workers play...

March 4, 2020

The Trump administration has worked to close the door on all types of immigrants—including people trying to come to the United States on visas. Consequently, the United States is experiencing a...

February 26, 2020

For the first time, U.S. Citizenship and Immigration Services (USCIS) is requiring U.S. employers to register in order to have a chance to file an H-1B petition that is subject to the annual...

Publication Date: 
June 14, 2022
Recent federal policy changes have opened up new avenues for American businesses of all sizes to connect with talented researchers and other highly-skilled individuals in the STEM fields. The...
January 26, 2022

The Biden administration recently announced four actions intended to improve immigration “pathways” for noncitizens in science, technology, engineering, and mathematics (STEM) fields. However,...

January 25, 2022

The labor shortages currently afflicting many sectors of the U.S. economy are being aggravated by the arrival of fewer and fewer workers from abroad. Although immigration has been slowing since...

January 21, 2022
The Biden administration announced new efforts to modernize parts of our immigration system, and remove barriers to legal immigration. DHS will add 22 new fields of study in the STEM Optional Practical Training program through the Student and Exchange Visitor Program, and will implement a series of additional changes to allow foreign students, scholars, and researchers to come to the United States and make meaningful contributions to America’s scholarly, research and development, and innovation communities.
Publication Date: 
December 16, 2021
The American Immigration Council and 13 other organizations urged USCIS to expand premium processing to ensure the agency remains solvent while efficiently and effectively adjudicating all...
November 5, 2021

Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date...

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Publication Date: 
November 2, 2021
The Council joined 89 other organizations in a letter calling for Congress to include visa-related provisions in the budget reconciliation.
October 27, 2021

A recent class action settlement is expected to result in U.S. Citizenship and Immigration Services (USCIS) approving more market research analyst H-1B petitions. The lawsuit was filed by four U.S...

Publication Date: 
October 4, 2021
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action.
Publication Date: 
June 24, 2021
This written statement submitted by the Council to Congress shares our analysis of the archaic U.S. immigration policies which are making the United States a less attractive destination for highly...

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