High Skilled Labor
Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo
Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date for visa eligibility retrogressed (moved backward in time) for people born in India who are in the employment-based (EB) third… Read More
Coalition Effort Advocates for the Inclusion of Visa-Related Provisions in Budget Reconciliation
The Council joined 89 other organizations in a letter calling for Congress to include visa-related provisions in the budget reconciliation. Read More
U.S. Employers Settle Lawsuit Challenging USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses
The federal district court in the Northern District of California approved a settlement in a class action lawsuit challenging USCIS' pattern and practice of arbitrarily denying H-1B petitions for market research analyst positions filed by businesses in the United States. Read More
Class Action Settlement Gives Second Chance to Qualifying US Employers for H-1B Petition Approval
A recent class action settlement is expected to result in U.S. Citizenship and Immigration Services (USCIS) approving more market research analyst H-1B petitions. The lawsuit was filed by four U.S. employers whose H-1B petitions had been denied when USCIS determined that market research analysts were not a “specialty occupation”… Read More
Immigration Lawsuits and the APA: The Basics of a District Court Action
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. Read More
Statement for the House Judiciary Immigration Subcommittee on “How Outdated U.S. Immigration Policies Push Top Talent to Other Countries”
This written statement submitted by the Council to Congress shares our analysis of the archaic U.S. immigration policies which are making the United States a less attractive destination for highly skilled workers from other countries. Read More
Lawsuits Challenge Change to H-1B Lottery Selection That Would Hurt Small Businesses, Start-ups
Businesses and industry organizations are among those pushing back against a rule that would change eligibility for filing an H-1B petition. The new rule would require the H-1B lottery selection to be conducted by salary level. A range of industries—from health care to higher education—that employ U.S. and H-1B workers… Read More
Ban on J-1 Exchange and Other Employment-Based Visas Set to Expire
A ban blocking certain employment-based visas implemented and extended by former President Trump is set to expire on March 31. The ban has likely prevented hundreds of thousands of people from participating in the American economy. In June 2020, the Trump administration… Read More
USCIS Begins to Reverse Course on H-1B Petitions
Employers and workers are starting to see a shift from U.S. Citizenship and Immigration Services (USCIS) on unlawful restrictions of the H-1B specialty occupation visa category. Over the past nine months, USCIS rescinded three policy memoranda after federal courts found the agency’s positions to be contrary to the law and… Read More
U.S. Businesses Sue USCIS for Rejecting H-1B Petitions for not Backdating the Employment Start Date
A federal lawsuit filed on behalf of seven U.S. businesses challenges USCIS arbitrary rejection of H-1B nonimmigrant employment-based petitions filed after October 1 solely because the H-1B worker’s intended employment start date falls after October 1. Read More
