Employment Based

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

All Employment Based Content

Last modified: 
October 10, 2023
Publication Date: 
October 10, 2023
New research from the American Immigration Council shows that immigrants in Greater Salem paid over $200 million in taxes and held over $536 million in spending power in 2019. The new report, New...
Last modified: 
September 6, 2023
Publication Date: 
September 6, 2023
New research from the American Immigration Council shows that immigrants in Allen County paid over $160 million in taxes and exceeded $496.0 million in spending power in 2019. The new report, New...
A landscape of several tall buildings with a bridge in the foreground
Last modified: 
August 29, 2023
Publication Date: 
August 29, 2023
See our updated web report on the largest American companies and their immigrant roots.
Last modified: 
June 28, 2023
Publication Date: 
June 28, 2023
The American Immigration Council joined a coalition letter to encourage the Department of Labor (DOL) to annually update its Schedule A Group I occupation list to better reflect the conditions facing...
Last modified: 
April 18, 2023
Publication Date: 
January 18, 2023
A new research series from the American Immigration Council, The Growing Demand for Healthcare Workers, highlights the crucial role immigrants are playing to help address critical workforce shortages...
Last modified: 
March 9, 2023
Publication Date: 
March 9, 2023
This research brief highlights the crucial role immigrants in Nevada are playing to help address critical physician shortages.
Last modified: 
February 16, 2023
Publication Date: 
May 16, 2022

New research from the American Immigration Council, Economic Benefits of the Empire State Licensing: Immigrants in New York State’s Workforce, highlights the crucial role of immigrants and...

Publication Date: 
August 27, 2021
This fact sheet provides an overview about the legalization program through which certain undocumented farmworkers in the United States could earn legal status.
Publication Date: 
July 8, 2021
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...
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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...
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.
This lawsuit challenges USCIS' arbitrarily rejected H-1B petitions filed after October 1 simply because the H-1B worker’s intended employment start date—naturally—also fell after October 1.
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.
October 6, 2020

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

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.
Publication Date: 
December 16, 2019
The American Immigration Council filed this brief in support of a U.S. employer’s challenge to the U.S. Citizenship and Immigration Service’s denial of a computer programmer H-1B petition.
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...

Publication Date: 
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.
Last modified: 
January 8, 2024
Publication Date: 
January 8, 2024
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.
Last modified: 
December 16, 2022
Publication Date: 
December 16, 2022
Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions.
Publication Date: 
September 14, 2022
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.
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: 
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.
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.
Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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.
Publication Date: 
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.
February 16, 2024

Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) recently issued a final rule that changes H-1B registration selection and makes other changes related to the...

November 20, 2023

When asylum seekers come to the United States, they want to work—but an outdated immigration statute is making that more difficult than it needs to be. After filing an asylum application, asylum...

November 17, 2023

Written by Steven Hubbard, Senior Data Scientist and Leslie Dellon, Senior Attorney (Business Immigration) The White House’s recent executive order on artificial intelligence marks an important...

November 3, 2023

The H-1B program may undergo significant changes as early as October 1, 2024. The Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) recently published a 94-page...

November 2, 2023

As the national workforce shortage persists and is further exacerbated by the nation’s large aging population moving into retirement, businesses across the country are seeking solutions to address...

August 29, 2023

When Fortune released this year’s Fortune 500 list—the magazine’s iconic ranking of the year’s top-grossing American companies—one fact remained unchanged from previous years: the profound role...

August 2, 2023

The Taiwan Semiconductor Manufacturing Company (TSMC), a major Apple supplier, has delayed the production schedule for its Arizona chip plant to 2025. The company said it is having trouble finding...

July 31, 2023

Despite concerns expressed by stakeholders, U.S. Citizenship and Immigration Services (USCIS) has returned to a one-page format for Form I-9, Employment Eligibility Verification. What may seem...

January 26, 2023

The United States will need to fill nearly three-quarters of a million open jobs for home health and personal care aides every year through 2031. Currently, immigrant workers fill these jobs in...

January 19, 2023

Immigrant workers who are the victims of labor exploitation are often faced with a difficult choice. They can either stay quiet out of fear of deportation or come forward to report coercive...

August 29, 2023
In an annual review of the most successful companies in the United States, the American Immigration Council unveiled today (August 29, 2023) a report that sheds light on the contributions of immigrant entrepreneurs and their children to the U.S. economy.
February 7, 2023
The American Immigration Council released new research, The Growing Demand for Healthcare Workers in Utah, which underscores the crucial role immigrants play in some of the state’s fastest growing and most in demand healthcare fields.
July 20, 2022
The American Immigration Council released a report that examines the impact and contributions of immigrant workers in the United States’ meat and dairy industries.
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.
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.
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).
September 17, 2014

Washington, D.C.

November 8, 2013

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

Last modified: 
January 8, 2024
Publication Date: 
January 8, 2024
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.
Last modified: 
October 10, 2023
Publication Date: 
October 10, 2023
New research from the American Immigration Council shows that immigrants in Greater Salem paid over $200 million in taxes and held over $536 million in spending power in 2019. The new report, New...
Last modified: 
September 6, 2023
Publication Date: 
September 6, 2023
New research from the American Immigration Council shows that immigrants in Allen County paid over $160 million in taxes and exceeded $496.0 million in spending power in 2019. The new report, New...
August 29, 2023
In an annual review of the most successful companies in the United States, the American Immigration Council unveiled today (August 29, 2023) a report that sheds light on the contributions of immigrant entrepreneurs and their children to the U.S. economy.
A landscape of several tall buildings with a bridge in the foreground
Last modified: 
August 29, 2023
Publication Date: 
August 29, 2023
See our updated web report on the largest American companies and their immigrant roots.
Last modified: 
June 28, 2023
Publication Date: 
June 28, 2023
The American Immigration Council joined a coalition letter to encourage the Department of Labor (DOL) to annually update its Schedule A Group I occupation list to better reflect the conditions facing...
Last modified: 
April 18, 2023
Publication Date: 
January 18, 2023
A new research series from the American Immigration Council, The Growing Demand for Healthcare Workers, highlights the crucial role immigrants are playing to help address critical workforce shortages...
Last modified: 
March 9, 2023
Publication Date: 
March 9, 2023
This research brief highlights the crucial role immigrants in Nevada are playing to help address critical physician shortages.
Last modified: 
February 16, 2023
Publication Date: 
May 16, 2022

New research from the American Immigration Council, Economic Benefits of the Empire State Licensing: Immigrants in New York State’s Workforce, highlights the crucial role of immigrants and...

February 7, 2023
The American Immigration Council released new research, The Growing Demand for Healthcare Workers in Utah, which underscores the crucial role immigrants play in some of the state’s fastest growing and most in demand healthcare fields.

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