High Skilled

The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.

Recent Features

  • 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.  

All High Skilled Content

  • Fact Sheet

The Economic Benefits of the Empire State Licensing Act

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...

  • Fact Sheet

The H-1B Visa Program

May 26, 2021
This fact sheet provides an overview of the H-1B visa category and petition process, addresses the myths perpetuated about the H-1B visa category, and highlights the key contributions H-1B workers...
  • Fact Sheet

The H-4 Visa Classification

March 26, 2018
Temporary workers—such as those in H-1B status—typically can bring their spouses and children with them to the United States in what is called H-4 status. This fact sheet provides an overview of the...
  • Special Report

Wages and High-Skilled Immigration

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

Capitalizing on the Economic Potential of Foreign Entrepreneurs

September 13, 2017
This fact sheet describes the legal avenues in the United States available to promising entrepreneurs, as well as some of the barriers they face securing immigration status through these paths.
  • Fact Sheet

The RAISE Act

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...
  • Fact Sheet

The EB-5 Visa Program: What It Is and How It Works

February 2, 2016
The Immigrant Investor Program, also known as “EB-5,” has become an increasingly important source of investment for development projects in the United States, attracting billions of dollars to the U...
  • Special Report

Giving the Facts a Fighting Chance: Addressing Common Questions on Immigration

December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

  • Fact Sheet

Fueling the Recovery

May 13, 2013
How High-Skilled Immigrants Create Jobs and Help Build the U.S. Economy With the U.S. economy still recovering, it may seem counterintuitive to believe that any industry would benefit from having...
  • Fact Sheet

Rebuilding Local Economies

May 13, 2013
Innovation, Skilled Immigration, and H-1B Visas in U.S. Metropolitan Areas Although immigration policy is debated at the national level, its impact is most often felt in local and regional...
  • 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.
  • 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.
  • FOIA Litigation

FOIA Lawsuit on H-1B Lottery Policies and Procedures

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with Hughes Socol Piers Resnick & Dym, Ltd., filed a lawsuit against USCIS and DHS seeking the...

  • 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

Visa Programs for High-Skilled Workers

Valorem, an IT consulting company, petitioned to employ a software developer for three years in H-1B status as part of a project development team at its office. Initially, USCIS denied the petition, but later – after Valorem, represented by AILA member Susan Bond, filed suit – approved it for one year.
  • 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

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.
  • Practice Advisories

Mandamus Litigation Against DOL to Address Delays in Prevailing Wage Determinations and Labor Certifications

November 6, 2015

This Practice Advisory provides basic information about mandamus actions and suggests strategies and practice tips for bringing a mandamus action against the Department of Labor (DOL).

  • Practice Advisories

Introduction to Habeas Corpus

June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

  • Practice Advisories

Federal Court Jurisdiction Over Discretionary Decisions After REAL ID

April 5, 2006
This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts. The government has asserted this jurisdictional bar in employment-based, family-based, and humaritarian-based immigration cases.
  • 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...

  • Blog

Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo

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...

  • Blog

Class Action Settlement Gives Second Chance to Qualifying US Employers for H-1B Petition Approval

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...

  • Blog

Lawsuits Challenge Change to H-1B Lottery Selection That Would Hurt Small Businesses, Start-ups

May 26, 2021

Businesses and industry organizations are among those pushing back against a rule that would change eligibility for filing an H-1B petition. The new rule would require the H-1B lottery selection...

  • Blog

Ban on J-1 Exchange and Other Employment-Based Visas Set to Expire

March 30, 2021

A ban blocking certain employment-based visas implemented and extended by former President Trump is set to expire on March 31. The ban has likely prevented hundreds of thousands of people from...

  • Blog

USCIS Begins to Reverse Course on H-1B Petitions

March 19, 2021

Employers and workers are starting to see a shift from U.S. Citizenship and Immigration Services (USCIS) on unlawful restrictions of the H-1B specialty occupation visa category. Over the past nine...

  • Blog

The Biden Administration Is Already Supporting Employment-Based Immigration, But Uncertainty Remains

February 5, 2021

Business immigration has already benefited from the change in administrations. On January 25, President Biden issued an executive order directly replacing a Trump-era executive order that wreaked...

  • Blog

What You Need to Know About the Latest Changes to the H-1B Registration Process

January 14, 2021

The Department of Homeland Security (DHS) recently issued a final rule changing the way U.S. Citizenship and Immigration Services (USCIS) selects the registrations of U.S. employers that want to...

  • Blog

Your COVID-19 Vaccine Was Likely Made by an Immigrant

December 14, 2020

The development of a COVID-19 vaccine is a global endeavor. The scientists and entrepreneurs creating the vaccine are of many nationalities and immigration statuses—as are the millions of people...

  • 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 Seeks Transparency in H-1B Lottery Process

May 23, 2016

shington D.C. - The American Immigration Council (Council) and the American Immigration Lawyers Association (AILA) have teamed up on a lawsuit against the U.S.

  • Press Release

USCIS “Do-Over” of Visa Bulletin Undercuts Administration’s Goal of Visa Modernization

September 29, 2015

Washington D.C.

  • Press Release

Executive Director Benjamin Johnson Testifies Before Senate on High-Skilled Immigration

March 17, 2015

Washington D.C. - Today, the American Immigration Council's Executive Director, Benjamin Johnson, testified before the Senate Judiciary Committee about the integral role immigration plays in

  • Press Release

LAC Wins Release of H-1B Fraud Documents for AILA

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

  • Press Release

Immigrants in America: More Skilled and Educated Than Ever Before

June 9, 2011

Washington D.C. - Today, the Brookings Institution released a new report,

  • Press Release

Federal Court Decision Protects H-1B Employees from Wrongful Arrest

April 13, 2011

Washington D.C. - A recent ruling from a federal judge in

  • Fact Sheet

The Economic Benefits of the Empire State Licensing Act

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...

  • 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

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.
  • Letters

Coalition Letter Calling for Implementation of the Emergency Stopgap USCIS Stabilization Act provisions

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...
  • Blog

Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo

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...

coalition_effort_advocates_inclusion_visa_related_provisions_budget_reconciliation_thumbnail
  • Letters

Coalition Effort Advocates for the Inclusion of Visa-Related Provisions in Budget Reconciliation

November 2, 2021
The Council joined 89 other organizations in a letter calling for Congress to include visa-related provisions in the budget reconciliation.
  • Blog

Class Action Settlement Gives Second Chance to Qualifying US Employers for H-1B Petition Approval

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...

  • 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.
  • Advocacy

Statement for the House Judiciary Immigration Subcommittee on "How Outdated U.S. Immigration Policies Push Top Talent to Other Countries"

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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