High Skilled Labor
H-1B Visa Cap Reached in Five Days for Fourth Consecutive Year
U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that the H-1B cap for fiscal year 2017 was reached—meaning that in five business days, U.S. employers filed more petitions for an H-1B visa to hire a skilled foreign worker than the entire year’s allocation of visas available… Read More
Microsoft Corporation – BALCA
The Council and AILA filed an amicus brief in an en banc case pending before BALCA, an administrative body at the Department of Labor that reviews denials of PERM labor certifications. The case turned on the proper interpretation of a regulation which requires employers to notify certain laid-off U.S. employees about new job opportunities before the employers are permitted to hire foreign workers. The brief focused on the agency’s failure to provide fair warning before applying a new, more restrictive interpretation of the notification requirement. Read More
Is It Time to Change the H-1B Visa Cap?
On April 1, employers will submit their petitions for H-1B visas for high-skilled temporary workers. The start of the H-1B season, when U.S. employers turn their attention toward hiring foreign talent, provides an opportunity for policymakers to consider whether it is time to change the cap on the… Read More
New Rule Improves Learning Experience for International Students With STEM Degrees
This month, the Department of Homeland Security (DHS) issued a final rule which will allow international students in certain science, technology, engineering or mathematics (STEM) fields to maximize their educational experience in the United States. The rule accomplishes this by preserving an extension of the period of time during… Read More
Giving the Facts a Fighting Chance: Addressing Common Questions on Immigration
Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which their families came. Today, immigrants make enormous contributions to our economy and our communities—just as they always have. Yet… Read More
The Fortunes of H-1B Workers and Their Native-Born Colleagues Rise and Fall Together
There is no denying that the granting of H-1B visas for highly skilled professionals from abroad is a politically charged topic. However, the recurring controversies over H-1Bs should not obscure a well-documented fact about H-1B workers: on average, they tend to create jobs and give a wage boost to… Read More
Employment Authorization Documents Adjudication Delays
Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS. Read More
The Power and Potential of High Skilled Immigration
Note: This article features the oral testimony of Benjamin Johnson, Executive Director of the American Immigration Council before the United States Senate Committee on the Judiciary. Read his full written testimony here. Mr. Chairman and members of the committee, thank you for the opportunity to appear before you today… Read More
Six Reasons Why Sen. Jeff Sessions’ ‘Immigration Handbook’ is a Work of Fiction
The chairman of the Senate Immigration Subcommittee, Jeff Sessions (R-AL), wasted no time in advertising his antipathy towards immigrants. Shortly after assuming his post, Sessions released an “Immigration Handbook for the New Republican Majority” that, in only 23 pages, managed to distill just about every fact-free sound bite ever conceived… Read More
Visa Programs for High-Skilled Workers
Valorem, an IT consulting company, petitioned to employ a software developer for three years in H-1B status as part of a project development team at its office. Initially, USCIS denied the petition, but later – after Valorem, represented by AILA member Susan Bond, filed suit – approved it for one year. Read More
