Business and the Workforce

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

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Practical Guides and FAQs for the Federal STEM Initiatives

Learn how institutions, employers, or talented researchers and other highly skilled individuals in the STEM fields can take advantage of the Early Career STEM Research Initiative.

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All Business and the Workforce Content

  • Blog

What You Need to Know About Immigrant Women Entrepreneurs

May 21, 2018

The United States depends on a growing private sector to remain strong and immigrant entrepreneurship is a key component to this growth. Immigrants are more likely to start businesses than their...

  • 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

Fewer Foreign Doctors Could Spell Disaster for America’s Most Underserved Communities

April 13, 2018

The United States has long been the country of choice for international physicians seeking a graduate medical education. But for the second year in a row, the number of foreign doctors who applied...

  • 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

What You Need to Know About Foreign-Trained Doctors in the U.S. Healthcare System

January 17, 2018

There are more than 247,000 doctors with medical degrees from foreign countries practicing in the United States. A fourth of all physicians in the nation are foreign-trained—the majority of whom...

  • Blog

Why The Government’s Wage Data is Inadequate in Determining Fair Wages for U.S. and Foreign Workers

December 14, 2017

U.S. employers looking to hire foreign workers must often meet a number of preconditions. Those employers who want to hire workers through the H-1B temporary visa category (for “specialty...

  • 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...

  • Comments

Comments Filed To Address Substantive Flaws in Proposed H-1B Regulatory Changes

December 9, 2020

The American Immigration Council and the American Immigration Lawyers Association filed comments to address the substantive flaws in the Department of...

  • Blog

District Court Stops Regulations Restricting the H-1B Visa Category

December 2, 2020

On December 1, a federal district court judge disrupted the Trump administration’s relentless attack on legal immigration by halting two new sets of regulations. The U.S. Chamber of Commerce and...

  • Practice Advisories

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

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.
  • 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.
  • Blog

USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists

November 13, 2020

U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject...

  • Amicus Briefs

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

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.
  • Letters

Letter Opposing the Department of Labor’s High-Skilled Wage Rule

November 10, 2020
The letter explains why the Interim Final Rule does not protect U.S. workers and directly interferes with an employer’s ability to obtain the H-1B workers it needs and outlines six reasons why the Interim Final Rule should be rescinded.
  • 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.
  • Blog

Three New Lawsuits Challenge Trump’s H-1B Worker Restrictions

October 23, 2020

Three new lawsuits have been filed challenging the Department of Labor’s (DOL) new rules impacting the H-1B visa category, with one also challenging the Department of Homeland Security’s (DHS) new...

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