Palmer Polaski Blog

In November, USCIS and the Labor Department tried to change prevailing wage rules applied to the PERM and H-1B, H-1B1, and E-3 visa programs. But on December 1, 2020, the U.S. District Court for the Northern District of California set aside the agencies’ interim final rule because it did not follow the proper rulemaking steps […]

On December 11, DOJ and DHS announced a new final rule governing the procedures of asylum, withholding of removal, and protection under the Convention Against Torture (CAT) — set to go in effect on January 11, 2021, nine days before President-elect Biden’s inauguration. The immigration bar quickly announced its opposition to the rule, stating it […]

USCIS recently acknowledged that its lockbox facilities are experiencing significant delays for processing receipt notices. This is a result of increased filings in recent weeks coupled with facility capacity restrictions necessary to protect the health and safety of the lockbox workforce during the COVID-19 pandemic. The uptick in filings is likely due to several factors, […]

The U.S. District Court for the Northern District of California, on December 17, granted summary judgment in favor of two nationwide classes suing the DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court found that the agencies’ practice of failing to produce the immigration case files within […]

On December 4, U.S. District Court Judge Nicholas Garaufis of the Eastern District of New York ordered the DHS to begin accepting new applications for Deferred Action for Childhood Arrivals (DACA). The court had previously held that Chad Wolf was not lawfully serving as DHS Acting Secretary when he issued a July 28, 2020 memorandum […]

In a recent article in the Washington Post, readers were asked for the one word that sums up 2020. “Exhausting” was one of the top three words. Exhausting (and relentless, too) is an apt description of the four-year long frontal attack on immigration law, policy, and procedu res imposed by the Trump Administration. There have […]

Status of Declaration of Self-Sufficiency (Form I-944) in Limbo as Courts Decide Its Fate and USCIS Considers Whether to Continue to Implement As of this writing on August 17, USCIS has not provided guidance on whether the Declaration of Self-Sufficiency, Form I-944, is required in adjustment of status cases outside of Vermont, Connecticut, and New […]

Naturalization, Adjustment, and Other USCIS Fees to Increase Significantly on October 2 On October 2, 2020, new fees for filing USCIS applications and petitions go into effect, as well as the elimination of certain fee exemptions and changes to fee-waiver requirements. The final rule increases USCIS fees by a weighted average of 20 percent. By […]

Department of Homeland Security: USCIS, ICE, and CBP USCIS USCIS Extends 60-Day Period for Responses DueThe due date for responses to all USCIS requests for evidence (RFEs) and Notices of Intent to Deny (NOIDs) dated before September 2 is automatically extended 60 days. USCIS Offices Reopened for Most Nonemergency ServicesUSCIS reopened for nonemergency services as […]

Acting DHS Secretary and Deputy Named to Posts Illegally: The Government Accounting Office found that, under the Federal Vacancies Reform Act of 1998, current Acting DHS Secretary, Chad Wolf, as well as Kenneth Cuccinelli, the current “Senior Official Performing the Duties of” DHS Deputy Secretary, were named to their positions by reference to an invalid […]