High Skilled Labor
Lawsuit Seeks Transparency in H-1B Lottery Process
shington D.C. – The American Immigration Council (Council) and the American Immigration Lawyers Association (AILA) have teamed up on a lawsuit against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about the government’s administration of the H-1B lottery. The lawsuit, filed last Friday, was… Read More
USCIS “Do-Over” of Visa Bulletin Undercuts Administration’s Goal of Visa Modernization
Washington D.C. – As the result of a grave error made by United States Citizenship and Immigration Services (USCIS) just days ago, thousands of noncitizens who had expected to apply to adjust their status to lawful permanent residence in October will continue to face lengthy waits before they can submit… Read More
Executive Director Benjamin Johnson Testifies Before Senate on High-Skilled Immigration
Washington D.C. – Today, the American Immigration Council’s Executive Director, Benjamin Johnson, testified before the Senate Judiciary Committee about the integral role immigration plays in America’s economic prosperity. Although the hearing title, “Immigration Reforms Needed to Protect Skilled American Workers,” suggested that some minds had already been made up, he reframed… Read More
The EB-5 Visa Program: What It Is and How It Works
The Immigrant Investor Program, also known as “EB-5,” has become an increasingly important source of investment for development projects in the United States, attracting billions of dollars to the U.S. economy and creating tens of thousands of jobs in the United States. Read More
Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?
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. Read More
Federal Court Jurisdiction Over Discretionary Decisions After REAL ID
This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts. The government has asserted this jurisdictional bar in employment-based, family-based, and humaritarian-based immigration cases. Read More
Introduction to Habeas Corpus
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.
The Global Battle for Talent and People
America’s strength lies in its openness and dynamic character. Current concerns about the U.S. economy should not distract from an understanding that in the long term America’s economic success requires the nation to attract 1) skilled professionals from across the globe to increase the competitiveness of American companies and 2) workers at the lower end of the skill spectrum to fuel the growth of the U.S. labor force, filling jobs created by the aging of the population. Read More
L-1B Adjudications FOIA
In May 2012, the American Immigration Council filed a FOIA request seeking records issued by USCIS and/or DHS, or used by USCIS and/or DHS, from January 2008 to the present, to instruct, train and/or guide (1) Immigration Service Officers or (2) employees of the Department of State, including… Read More
H-1B Fraud Investigations FOIA
On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA lawsuit in July 2010 against DHS and USCIS seeking the public release of records concerning agency policies and procedures related to fraud investigations in the… Read More
America's story is an immigrant story.
