Employment Based Immigration
The Biden Administration Is Already Supporting Employment-Based Immigration, But Uncertainty Remains
Business immigration has already benefited from the change in administrations. On January 25, President Biden issued an executive order directly replacing a Trump-era executive order that wreaked havoc on the H-1B visa category. Biden’s ‘Made in America’ Order The recent executive order adopted “Buy American” policies and revoked President… Read More
What You Need to Know About the Latest Changes to the H-1B Registration Process
The Department of Homeland Security (DHS) recently issued a final rule changing the way U.S. Citizenship and Immigration Services (USCIS) selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” The end result could dramatically reduce the number of recent foreign graduates… Read More
The United States Needs a New Approach to Visas and Immigration Benefits
This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election. The Biden administration faces a fundamental challenge in reforming the U.S. immigration system: making the United States more welcoming to immigrants. Part of this effort… Read More
Council Submits Amicus Brief Supporting Reversal of USCIS’ Misinterpretation of the First Regulatory Test for an H-1B Specialty Occupation
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. Read More
Comments Filed To Address Substantive Flaws in Proposed H-1B Regulatory Changes
The American Immigration Council and the American Immigration Lawyers Association filed comments to address the substantive flaws in the Department of Homeland Security’s proposed changes because of concern that DHS will try to move forward with the rules as issued. The rule was set aside by the federal… Read More
District Court Stops Regulations Restricting the H-1B Visa Category
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 others challenged interim final rules issued by the U.S. Departments of Homeland Security (DHS) and Labor (DOL) impacting the… Read More
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?
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. Read More
Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses
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. Read More
USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists
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 to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the… Read More
Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking
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. Read More
America's story is an immigrant story.
