Business and the Workforce

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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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  • Fact Sheet

The Growing Demand for Healthcare Workers in Texas

Publication Date: 
September 21, 2022
To address significant shortages of physicians and other healthcare workers, Texas must establish policies that recruit and retain local talent and give employment possibilities for immigrant...
Workers on a factory line
  • Special Report

Labor Market Series

Publication Date: 
July 13, 2022
This year’s Labor Market Series will explore a variety of issues at the intersection of the U.S. economy and immigration.
  • Fact Sheet

The Economic Contributions of Immigrants in Texas

Publication Date: 
July 11, 2022

New research from the American Immigration Council, The Economic Contributions of Immigrants in Texas, highlights the crucial role of immigrants in the state’s workforce across the manufacturing,...

  • Fact Sheet

Tending to America's Food Supply

Publication Date: 
July 5, 2022
This fact sheet analyzes the essential role of immigrant workers in America's food production, particularly in the meat and dairy industries
  • Special Report

Practical Guides and FAQs for the Federal STEM Initiatives

Publication Date: 
June 14, 2022
Recent federal policy changes have opened up new avenues for American businesses of all sizes to connect with talented researchers and other highly-skilled individuals in the STEM fields. The...
  • Fact Sheet

Foreign-born STEM Workers in the United States

Publication Date: 
June 14, 2022
Foreign-born workers make up a growing share of the country’s STEM workforce and are critical to the country’s innovation, and STEM workers are responsible for many of the cutting-edge ideas and...
  • Special Report

New American Fortune 500 in 2022

Publication Date: 
June 8, 2022
Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants.
  • 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

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...
  • Advocacy

Comment in Response to the Proposed Revisions to USCIS Form I-290B, Notice of Appeal or Motion

February 6, 2020
The American Immigration Council calls on USCIS to withdraw the Notice immediately as it contains significant changes that contravene long-established policy, harms an applicant’s access to administrative review, and was not issued under the proper legal framework under the Administrative Procedure Act.
  • Amicus Briefs

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

Publication Date: 
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

Comments Opposing Removal of 30-Day Processing Provision of Asylum Application-Related Form I-765 Employment Authorization Applications

November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

  • 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

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties

As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued.
  • Litigation

U.S. Employer Challenges USCIS "Not a Specialty Occupation" H-1B Petition Denial of Market Research Analyst Job

In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties.
  • FOIA Litigation

Lawsuit Demands Response to FOIAs Seeking Data About Immigrant and Nonimmigrant Adjudications

With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years.
  • FOIA

FOIA Requests Seek Data About Immigrant and Nonimmigrant Adjudications

Under the Trump administration, we have seen an uptick in requests for additional information about petitions filed by U.S. employers on behalf of foreign-born workers. We also have seen greater numbers of denials of these petitions. According to the employers and their workers, these trends reflect unlawful adjudications across the board. In response to these changes, the Council filed two Freedom in Information Act requests.
  • Litigation

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial Disregarding Employer’s Evidence of Specific Specialty Degree Requirement

This case is representative of the difficulties employers encounter when new occupations emerge to fill business needs which require at least a bachelor’s degree, but no consensus exists as to the degree requirement.
  • 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.
  • Practice Advisories

Practice Tip: When to Appeal to the Administrative Appeals Office (AAO)

Publication Date: 
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

Publication Date: 
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

Publication Date: 
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

Introduction to Habeas Corpus

Publication Date: 
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.

  • Blog

Fortune 500 Companies with Immigrant Roots Generated More Money Than the GDP of Most Western Nations

August 29, 2023

When Fortune released this year’s Fortune 500 list—the magazine’s iconic ranking of the year’s top-grossing American companies—one fact remained unchanged from previous years: the profound role...

  • Blog

The Success of the CHIPS Act Depends on Skilled Immigrants

August 2, 2023

The Taiwan Semiconductor Manufacturing Company (TSMC), a major Apple supplier, has delayed the production schedule for its Arizona chip plant to 2025. The company said it is having trouble finding...

  • 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)...

  • Press Release

New Data Reveals How Immigration Can Help Meet Labor Demands and Move the US Economy Forward

May 4, 2022
New data released today by the American Immigration Council examines how immigration can help meet labor demands and steer the U.S. economy back on track. The report, “Amid Rising Inflation, Immigrant Workers Help Ease Labor Shortages,” analyzes which occupations are expected to increase between 2020 and 2030.
  • Press Release

New round of grants to support implementation of comprehensive welcoming plans in U.S. communities

April 1, 2022
National nonprofits American Immigration Council and Welcoming America announce a new level of support through Implementation Technical Assistance and seed grant funding for six communities as part of Round IV of the Gateways for Growth Challenge (G4G)
  • Press Release

U.S. House Moves Immigration Reform in Bill Aimed at Increasing American Competitiveness and Helping Economy

February 4, 2022
The U.S. House of Representatives passed an economic competitiveness bill focused on advancing the United States’ innovation and global competitiveness, which also proposes reforms to U.S. immigration law to help attract and retain immigrant talent.
  • 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

U.S. Workers Sue USCIS for Unlawful Delays in Renewal of Employment Authorizations

November 11, 2021
Five workers in the United States filed a nationwide class action lawsuit today challenging unlawful log-jam and extreme delays at U.S. Citizenship and Immigration Services that have resulted in the government’s failure to process the work authorization renewals for asylum seekers.
  • Press Release

U.S. Employers Settle Lawsuit Challenging USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses

October 28, 2021
The federal district court in the Northern District of California approved a settlement in a class action lawsuit challenging USCIS' pattern and practice of arbitrarily denying H-1B petitions for market research analyst positions filed by businesses in the United States.
  • Press Release

U.S. Businesses Sue USCIS for Rejecting H-1B Petitions for not Backdating the Employment Start Date

March 12, 2021
A federal lawsuit filed on behalf of seven U.S. businesses challenges USCIS arbitrary rejection of H-1B nonimmigrant employment-based petitions filed after October 1 solely because the H-1B worker’s intended employment start date falls after October 1.
  • 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.
  • 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...

  • Blog

Global Talent Chamber Network Convening Discusses How Immigration Is a Solution to Workforce Challenges

November 2, 2023

As the national workforce shortage persists and is further exacerbated by the nation’s large aging population moving into retirement, businesses across the country are seeking solutions to address...

  • Fact Sheet

New Americans in Greater Salem

Publication Date: 
October 10, 2023
New research from the American Immigration Council shows that immigrants in Greater Salem paid over $200 million in taxes and held over $536 million in spending power in 2019. The new report, New...
  • Advocacy

Testifying on the Positive Economic Contributions of Immigrants in the U.S. and the American Immigrant Workforce

Publication Date: 
September 20, 2023
The American Immigration Council appeared before Congress to address the economic contributions of immigrants in the U.S. and the American economic system.
  • Fact Sheet

The Contributions of Temporary Protected Status Holders to the U.S. Economy

Publication Date: 
September 19, 2023

Temporary Protected Status (TPS) is a program that allows certain individuals from designated countries that are facing severe ...

  • Fact Sheet

New Americans in Allen County

Publication Date: 
September 6, 2023
New research from the American Immigration Council shows that immigrants in Allen County paid over $160 million in taxes and exceeded $496.0 million in spending power in 2019. The new report, New...

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