Employment Based

All Employment Based Content

  • Fact Sheet

The Growing Demand for Physicians in Nevada

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.
  • Fact Sheet

The Economic Benefits of the Empire State Licensing Act

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...

  • Special Report

The Growing Demand for Healthcare Workers

Last modified: 
February 3, 2023
Publication Date: 
January 18, 2023

A new research series from the American Immigration Council, The Growing Demand...

  • Fact Sheet

Farm Workforce Modernization Act of 2021

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.
  • Fact Sheet

Employment-Based Visa Categories in the United States

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...
  • Special Report

Wages and High-Skilled Immigration

Publication Date: 
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...
  • Fact Sheet

The RAISE Act

Publication Date: 
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...
  • Special Report

Guest Workers Program with a Path to Legalization

Publication Date: 
April 1, 2006
As we have seen in the last month, segments of the United States media, policy leaders, and populace continue to be obsessed with the issue of undocumented immigration to the United States. Turn...
  • Fact Sheet

The Economics of Necessity: Economic Report of the President Underscores Importance of Immigration

Publication Date: 
May 1, 2005
Although immigration is crucial to the growth of the U.S. labor force and yields a net fiscal benefit to the U.S. economy, current immigration policies fail to respond to actual labor demand.
  • Litigation

Employment Authorization Documents Adjudication Delays

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.
  • Litigation

Challenging USCIS’ Arbitrary Rejections of H-1B Petitions Filed After October 1

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.
  • Amicus Briefs

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

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.
  • 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, "...

  • 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.
  • Amicus Briefs

Council Submits Amicus Brief Supporting Reversal of USCIS’ Misinterpretation of the First Regulatory Test for an H-1B Specialty Occupation

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.
  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

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.
  • 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.
  • FOIA Litigation

Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

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...

  • Amicus Briefs

USCIS Should Accept Provisional Degree Certificate as Proof Degree Was Received for Advanced Degree Professionals

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.
  • Practice Advisories

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

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.
  • Practice Advisories

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

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.
  • Practice Advisories

Immigration Lawsuits and the APA: The Basics of a District Court Action

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.
  • Practice Advisories

Litigation for Business Immigration Practitioners

June 10, 2021
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.
  • Practice Advisories

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

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.
  • Practice Advisories

Requesting Attorneys' Fees Under the Equal Access to Justice Act

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.
  • Practice Advisories

Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?

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.
  • Practice Advisories

Practice Tip: When to Appeal to the Administrative Appeals Office (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.
  • Practice Advisories

Practice Tip: Responding to a Request for Evidence

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.
  • Practice Advisories

Practice Tip: Building the Record for Employment-Based Petitions

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.
  • Blog

Amid a Severe Shortage of Home Health Aides, Immigrants Help Care for Our Seniors

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...

  • Blog

Immigrant Workers Who Report Labor Violations Will Be Protected Under This New Policy

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...

  • Blog

USCIS’ 2022 Progress Report Shows Promise, But Agency Still Has a Long Way to Go

December 15, 2022

From the displacement following the Russian invasion of Ukraine to migrant bussing across the United States, the immigration field has faced unique challenges this year while continuing to manage...

  • Blog

Hiring Foreign Seasonal Workers Doesn’t Hurt American Workers, New Study Finds

November 3, 2022

Do fewer U.S. workers get hired when employers also hire temporary seasonal labor from abroad? A new study of firms applying for H-2B visas suggests that the answer is no. The H-2B visa allows...

  • Blog

Want to Hire an Immigrant or Refugee? Chambers of Commerce Aim to Make That Easier

September 30, 2022

With job openings at nearly twice as high as the pre-pandemic norm, employers across the country are continuing to struggle to fill open positions and meet workforce needs. But they’re finding a...

  • Blog

State Department Denies Substantial Percentage of Employer-Sponsored Immigrant Visas

June 24, 2022

Surprising data recently revealed that consular officers denied applicants for employer-sponsored immigrant visas at a far higher rate than U.S. Citizenship and Immigration Services (USCIS)...

  • Blog

Immigrants Will Be Vital in America’s Fastest Growing Jobs Through 2030

May 5, 2022

The COVID-19 pandemic has disrupted global supply chains and kept people from going back to work at a time when the demand for goods and labor is high. This has left America contending with a...

  • Blog

Congress Ends Months of Uncertainty for Immigrant Investors in Regional Centers

March 25, 2022

For more than 8 months, noncitizens with approved immigrant petitions for investments in regional centers have been in limbo. Congress has now ended that limbo, by reauthorizing the EB-5 regional...

  • Blog

Biden Administration Actions to Attract ‘International STEM Talent’ and Increase Global Competition

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,...

  • Blog

Declining Immigration Is Leaving US Jobs Unfilled

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...

  • Press Release

New Research Shows Immigrants Account for Nearly 13 Percent of Utah Physicians as Demand for Bilingual Workers Jumps 38.8 Percent

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.
  • Press Release

New Research Reveals Role of Immigrants in America's Meat and Dairy Industries

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.
  • Press Release

Biden’s Plan to Attract Foreign STEM Talent Recognizes Immigration’s Importance in the Global Economy

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.
  • Press Release

Class Action Lawsuit Seeks to Challenge USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

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.
  • Press Release

Lawsuit Filed Challenging Delay of International Entrepreneur Rule

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).
  • Press Release

Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician

February 17, 2016

Washington, D.C.

  • Press Release

Immigration Council Urges U.S. Department of Labor to Ensure Fairness

September 17, 2014

Washington, D.C.

  • Press Release

American Immigration Council Files BALCA Brief Challenging Unfair DOL Process

November 8, 2013

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

  • Fact Sheet

The Growing Demand for Physicians in Nevada

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.
  • Fact Sheet

The Economic Benefits of the Empire State Licensing Act

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...

  • Press Release

New Research Shows Immigrants Account for Nearly 13 Percent of Utah Physicians as Demand for Bilingual Workers Jumps 38.8 Percent

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.
  • Special Report

The Growing Demand for Healthcare Workers

Last modified: 
February 3, 2023
Publication Date: 
January 18, 2023

A new research series from the American Immigration Council, The Growing Demand...

  • Litigation

Employment Authorization Documents Adjudication Delays

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.
  • Practice Advisories

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

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.
  • Press Release

New Research Reveals Role of Immigrants in America's Meat and Dairy Industries

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.
  • Blog

Amid a Severe Shortage of Home Health Aides, Immigrants Help Care for Our Seniors

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...

  • Blog

Immigrant Workers Who Report Labor Violations Will Be Protected Under This New Policy

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...

  • Blog

USCIS’ 2022 Progress Report Shows Promise, But Agency Still Has a Long Way to Go

December 15, 2022

From the displacement following the Russian invasion of Ukraine to migrant bussing across the United States, the immigration field has faced unique challenges this year while continuing to manage...

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending