Employment Based

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.  

All Employment Based Content

  • 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.
  • Blog

Sick From Eating That Salad? Blame Trump’s Immigration Policies

December 18, 2018

In 2018 alone, the Center for Disease Control has been called to investigate 24 instances of foodborne disease outbreaks, marking the highest number of investigations since 2006. These recent...

  • Blog

USCIS’ Proposed H1-B Registration Rule Creates More Uncertainty for Employers

December 7, 2018

Just months short of the normal starting date for the annual H-1B petition process, USCIS has proposed major changes. U.S. employers who rely on this visa category, which is for jobs that require...

  • 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.
  • Blog

New Census Data Show Immigrants Complement Natives in the US Workforce

September 20, 2018

Every year, the Census Bureau releases new data from its American Community Survey (ACS), which contains a wealth of information about the characteristics of the U.S. population. Without fail,...

  • Blog

How Experts Are Addressing Immigrant Underemployment and Why it Matters

August 22, 2018

Many immigrants bring advanced expertise when they come to the United States, but those skills are often underutilized. Due to a range of complex factors, such as professional credentialing and...

  • 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.
  • 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.
  • Blog

American Companies Should Be Able to Hire Foreign Seasonal Workers – Trump’s Businesses Do

July 13, 2018

Kitchens, restaurants, and housekeeping departments in high-end resorts are often staffed with foreign seasonal workers, who arrive into the United States during peak vacation months. American...

  • 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...

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