Employment Based

While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.

All Employment Based Content

  • Blog

Administration Unveils Legislation That Cuts Legal Immigration in Half and Abandons Family Values

August 3, 2017

The administration revealed legislation this week that seeks to drastically reshape American immigration, moving away from the family based immigration tradition that has both shaped our...

  • Blog

Rule Delay Threatens New Program for International Entrepreneurs

August 1, 2017

The Department of Homeland Security (DHS) has abruptly delayed the effective date of an important new program which would have allowed international entrepreneurs to develop their start-up...

  • Press Release

Judge Certifies Nationwide Class in Employment Authorization Case

July 19, 2017
U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS, recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted in a timely manner.
  • 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.
  • Blog

Department of Justice Issues Final Rule About Unfair Immigration-Related Employment Practices

January 5, 2017

The U.S. Department of Justice’s (DOJ) Civil Rights Division recently issued a final rule, effective January 18, to update regulations that the agency uses to enforce employment-related anti-...

  • 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...

  • Practice Advisories

Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?

Publication Date: 
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: Mandamus May Get Results When Nothing Else Works

Publication Date: 
September 14, 2016

This Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision.

  • Blog

How USCIS Calculates Processing Times and How It Could Be Improved

September 7, 2016

When people think about immigration reform, they usually think about legalization, enforcement, and updating the legal immigration system. However, there are other upgrades to the immigration...

  • 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.

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