Palmer Polaski Blog

Palmer Polaski Immigration Alerts

Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J, and L nonimmigrants, expired on March 31, 2021. Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance. Visa applicants who were […]

COVID-19 has led to a shift by employers toward more permissive telecommuting policies. Given that certain regulations in both the H-1B and PERM contexts are location-specific, compliance is not always apparent.  For F-1 foreign students, issues have arisen due to online and in-person study. Telecommuting in the H-1B Context All H-1B petitions require an employer […]

On April 19, 2021, all adult persons in the United States are eligible for COVID-19 vaccines, regardless of nationality or immigration status, including undocumented immigrants. The vaccines are free for all recipients, even those who do not have medical insurance. Each of the available vaccines for distribution in the United States have been proven to […]

For more than a dozen years, USCIS directed its officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving the same parties and facts as an initial petition or application. The deference policy was most often exercised in the context of extensions of Form I-129 work-related visa petitions. In practice, this […]

News in Brief

USCIS Extends Premium Processing to E-3 Nonimmigrant Visa Petitions:  Effective February 24, petitioners filing a nonimmigrant visa petition requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 visa classification applies only to nationals of Australia who are coming to the […]

USCIS updated guidance in its Policy Manual regarding the educational requirements for naturalization. The update, effective 3/1/21, provides that USCIS will revert to administering the 2008 civics test to applicants who filed for naturalization before 12/1/20, or who will file on or after 3/1/21. In the waning days of the Trump Administration, the education requirements […]

On February 18, 2021, the U.S. Citizenship Act of 2021 was formally introduced in both houses of Congress. If passed, the bill would bring citizenship to millions of foreign nationals and drastically reform the immigration system. In addition to providing a roadmap to citizenship for Deferred Action for Childhood Arrival (DACA) and Temporary Protect Status […]

In January, the DOJ Office of the Inspector General issued its report on the agency’s planning and implementation of its “zero-tolerance policy” for immigration offenses involving illegal entry and attempted illegal entry into the United States. The policy was announced and led by then Attorney General Jeff Sessions in April 2018. The policy required each […]

In late January 26, several CBP Ports of Entry (POEs at LAX, BWI, and EWR) indicated that they no longer had the authority to approve National Interest Exception (NIEs) related to the COVID-19 country-specific, health-related travel restrictions imposed on the Schengen Area, the U.K., Ireland, and Brazil recently maintained by the Biden Administration. The current […]

USCIS has implemented a new process extending green cards during the pendency of an I-90 application. Instead of issuing extension stickers at USCIS field offices, USCIS will issue a revised receipt notice for Form I-90 that extends the validity of green card for 12 months (12 months from the expiration date on the front of […]

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