Employment Based Immigration

Employment Based Immigration

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

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. Read More

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

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. Read More

U.S. Employer Challenges USCIS

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. Read More

Statement for the Senate Committee on the Judiciary on High-Skilled Immigrant Workers

Statement for the Senate Committee on the Judiciary on High-Skilled Immigrant Workers

The statement discusses the powerful role that immigration has played in developing a strong and competent work force for the 21st century, especially in regards to the science, engineering, technology, and math (STEM) fields. Read More

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

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. Read More

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

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. Read More

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