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

  • Blog

American Companies Should Be Able to Hire Foreign Seasonal Workers – Trump’s Businesses Do

July 13, 2018

Kitchens, restaurants, and housekeeping departments in high-end resorts are often staffed with foreign seasonal workers, who arrive into the United States during peak vacation months. American...

  • Blog

Ohio Worksite Immigration Raid Ignores the Impact on the Local Community

June 8, 2018

More than 100 workers were arrested at a gardening and landscaping company in northern Ohio on Wednesday, marking another massive employment crackdown under the Trump administration. This raid...

  • 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

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

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

Immigrant IT Workers Play Critical Role in the Coronavirus Pandemic’s Virtual Economy 

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...

  • Blog

Presidential Proclamation Bars Certain Students and Researchers From China

June 1, 2020

President Trump issued a proclamation to prevent certain Chinese nationals from entering the United States using academic student (F) or exchange visitor researcher (J) visas. The proclamation...

  • Blog

Asian Americans Play Key Role in Fighting Coronavirus, Even as They Suffer Racism Spurred by It

May 29, 2020

May 31 closes out Asian American and Pacific Islander (AAPI) Heritage Month, a time dedicated to recognizing the contributions of Asian Americans and Pacific Islanders in the United States. The...

  • Blog

Exchange Visitor Program Faces Uncertainty as US Opens but Embassies Remain Closed

May 20, 2020

The coronavirus pandemic has affected day-to-day life for everyone, including foreign nationals who planned to participate in the U.S. Department of State’s Exchange Visitor Program. These...

  • Blog

USCIS Consistently Denies H-1B Petitions. This Lawsuit Argues It’s Misinterpreting the Law.

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...

  • Blog

Coronavirus Travel Restrictions Leave Some J-1 Exchange Visitors Stranded

April 16, 2020

Individuals participating in the J-1 Visa Exchange Visitor Program were faced with a difficult choice in the hours after President Trump issued travel restrictions to Europe: leave their program...

  • 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.
  • 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.
  • Blog

Shortage of Farmworkers Threatens Americans’ Food Supply During the Coronavirus

April 7, 2020

The U.S. agricultural industry depends on seasonal guest workers to produce the food Americans eat. Since 1986, the H-2A visa program has allowed employers to fill labor shortages with temporary...

  • Blog

What You Need to Know About Public Charge and the Coronavirus

April 6, 2020

Immigrants living in the United States are eligible for unemployment benefits. But as the health and economic impacts of the coronavirus spread across the country, many are reportedly afraid to...

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