Business and the Workforce

What role do immigrants play in American business and the American workforce? Immigrants work in a range of skilled positions in the U.S. and start businesses that boost the American economy. Learn more about immigrant entrepreneurship and workforce participation.

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Practical Guides and FAQs for the Federal STEM Initiatives

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  • 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

Tracking the Biden Agenda on Legal Immigration in the First 100 Days

Publication Date: 
April 29, 2021
This report analyzes the most significant changes to the legal immigration system made by the Biden administration during its first 100 days in office, and makes recommendations to foster a fair and...
  • Special Report

The Impact of COVID-19 on Noncitizens and Across the U.S. Immigration System

Publication Date: 
September 30, 2020
This report identifies disruptions throughout the immigration system because of the COVID-19 pandemic and makes recommendations for improvements to the federal government’s response.
  • Fact Sheet

The Exchange Visitor Program and J-1 Visas

Publication Date: 
June 18, 2020
The Exchange Visitor Program (EVP) initially brought scholars to the United States to teach or conduct research. Today, there are 14 categories of programs through which EVP participants can teach,...
  • Fact Sheet

The Rules for Immigrants Wanting to Work in the United States on a Permanent Basis

Publication Date: 
April 6, 2020
This fact sheet defines the various components of the permanent, employment-based immigration system—and then describes how those components relate to each other in the application processes for each...
  • Fact Sheet

Workers with Temporary Protected Status in Key Industries and States

Publication Date: 
January 9, 2019
This fact sheet estimates the likely numbers of workers with TPS from these three countries, broken down by the states in which they reside and the industries in which they are employed.
  • Fact Sheet

How USCIS Estimates Application and Petition Processing Times

Publication Date: 
July 18, 2018
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
  • Special Report

The Immigrant Success Story

Publication Date: 
June 11, 2018
Some confusion exists regarding the economic aspects of family-based immigration. To help unpack those aspects, this report focuses on one of them—namely, the earnings of family-based immigrants.
  • Fact Sheet

The H-4 Visa Classification

Publication Date: 
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

Foreign-Trained Doctors are Critical to Serving Many U.S. Communities

Publication Date: 
January 17, 2018
U.S. immigration policies significantly limit the ability of these doctors to immigrate to and practice in the United States. As policy-makers debate what immigration reforms would best serve the...
  • Litigation

Challenging USCIS “Not a Specialty Occupation” H-1B Petition Denial

The denials of employment-based petitions must end. This suit challenges the policy changes that restrict employers’ lawful use of H-1B workers.
  • 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...

  • Litigation

Challenging USCIS Denial of Multinational Manager Immigrant Petition

Prioritizing the immigration of multinational executives and managers recognizes the need for the United States to remain competitive in an increasingly global economy.
  • Litigation

Lawsuit Challenges Postponement of the International Entrepreneur Rule

Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule.
  • Amicus Briefs

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

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.
  • 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...

  • Legal Resources and Litigation

Statement for the Senate Judiciary Subcommittee on Immigration and the National Interest on "The Impact of High-Skilled Immigration on U.S. Workers"

February 25, 2016
The statement highlights the critical role that high-skilled foreign employees can bring, especially with regards to science, technology, engineering, and math (STEM).
  • Legal Resources and Litigation

Statement for the Senate Committee on the Judiciary on High-Skilled Immigrant Workers

March 17, 2015
The statement discusses the powerful role that immigration has played in developing a strong and competent work force for the 21st century, especially in regards to the science, engineering, technology, and math (STEM) fields.
  • Amicus Briefs

Mantena v. Napolitano - Second Circuit

Publication Date: 
December 15, 2014
The Council, with AILA, filed an amicus brief arguing that a district court has jurisdiction to review procedures followed by USCIS to revoke an employment-based visa petition. Amici argue that INA § 242(a)(2)(B), which limits judicial review over certain discretionary decisions, does not preclude review over the question of whether USCIS was required to provide notice of the visa petition revocation proceedings to the beneficiary. This is particularly true where, as in this case, the beneficiary had utilized the “porting” provision of INA § 204(j) to change employers more than 2 ½ years earlier, but USCIS issued its notice of intent to revoke only to the former employer and revoked the petition when the former employer did not respond.
  • 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.
  • Blog

USCIS Changes Employment Eligibility Verification: One Step Back and One Step Forward

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...

  • 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

Unpacking the Federal STEM Initiatives and Immigrants’ Role in the US Workforce

June 28, 2022

Demand for workers in the fields of science, technology, engineering, and mathematics (STEM) continues to grow in the United States. The Bureau of Labor Statistics projects that the country will...

  • 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

New Fortune 500 List Shows America’s Economic Success Relies on Immigrants

June 9, 2022

America’s economic success is built on the world’s best and brightest coming to our shores bringing ingenuity, creativity, and determination. From Wall Street to Main Street, businesses started by...

  • 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...

  • Press Release

Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses

November 18, 2020
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging 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 businesses in the United States.
  • Press Release

American Immigration Council Joins President-Elect Joe Biden in Making a Fair and Welcoming Immigration System

November 7, 2020
Joseph R. Biden has been elected to serve as the 46th president of the United States. In the months ahead, we look forward to working with the Biden-Harris administration to advance a pro-immigration agenda that respects the dignity of all people.
  • Press Release

Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation

October 22, 2020
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system.
  • Press Release

An Expanded and More Permanent Ban on Immigration Threatens Our Values and Compromises Our Future

June 22, 2020
The Trump administration announced a more permanent order that suspends many categories of immigration to the United States and an expanded ban that halts many legal employment-based immigration categories for those outside of the United States.
  • Press Release

Trump’s Immigration Ban Does Not Keep Us Safer or Solve our Economic Challenges

April 22, 2020
President Donald Trump signed an executive order to temporarily suspend immigration to the United States. The order applies to many individuals currently outside the United States who do not yet have immigrant (permanent) visas.
  • 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

Judge Rules USCIS Must Adjudicate Employment Authorization for Asylum Seekers Within 30-Days

August 2, 2018
A judge ordered last week that United States Citizenship and Immigration Services (USCIS) must adjudicate work authorization applications for asylum seekers within the prescribed 30-day deadline.
  • Press Release

The Immigrant Success Story: How Family-Based Immigrants Thrive in America

June 12, 2018
Through analysis of data from the decennial census and administrative data from the Immigration and Naturalization Service, this special report examines the earnings gains over time of all immigrants, as well as the earnings gains experienced by family-based immigrants compared to employment-based immigrants.
  • Press Release

Motion for Preliminary Injunction Filed to Compel DHS to Implement International Entrepreneur Rule

September 29, 2017
a motion for a preliminary injunction in federal court in Washington, D.C. to compel the Department of Homeland Security to implement the International Entrepreneur Rule pending final judgment of the suit brought by NVCA and the other plaintiffs.
  • 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).
  • Blog

Biden’s New H-2A Rule Expands Protections and Increases Oversight for Migrant Workers

May 9, 2024

On April 29, the Department of Labor (DOL) published a new rule aimed at protecting workers on temporary H-2A visas and strengthening the agency’s oversight of their employers. The rule is set to...

  • 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.
  • Press Release

New Report Shows Immigrants in Androscoggin County, Maine Paid Over $24 Million in Taxes and Held Over $74 Million in Spending Power in 2019

April 4, 2024
Immigrants play a crucial role in the labor force in southern Maine, according to data in a new report.
  • Blog

On International Women’s Day, We Celebrate the Important Contributions of Immigrant Women in the American Workforce

March 8, 2024

Since its conception in 1977, International Women’s Day has evolved into a global celebration highlighting women’s achievements and the challenges they face. The holiday’s origins can be traced...

  • Advocacy

Testifying on the Subcommittee on Immigration Integrity, Security, and Enforcement “Presidential Power to Secure the Border”

Publication Date: 
March 7, 2024
The American Immigration Council appeared before Congress to discuss the need for Congress to overhaul the asylum system.
  • Blog

DHS Changes H-1B Registration Process to Give Noncitizens an Equal Chance of Selection

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...

  • Practice Advisories

Litigation for Business Immigration Practitioners

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.
  • Blog

Labor Shortage Can Be Fixed by Letting Asylum Seekers Get Work Permits Sooner, Business Leaders Say

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...

  • Blog

Employment-Based Immigration to Get an Important Update with Biden’s Artificial Intelligence Executive Order

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...

  • Blog

USCIS Proposes Significant Changes to the H-1B Program

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...

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