On March 18, 2021, Virginia passed legislation allowing for juvenile and family courts to retain jurisdiction of matters where a child has petitioned the court to make findings that would allow them to apply for Special Immigrant Juvenile Status (SIJS) before the age of 21. The law goes into effect on July 1, 2021. Juveniles […]
Palmer Polaski Blog
On April 16, 2021, President Biden signed an order limiting U.S. refugee admissions to 15,000 despite previously promising to increase the refugee admissions to 62,500 in this fiscal year and promising in February to raise the admissions rate to 125,000. This cap on admissions matches President Trump’s historical low in 2020, where actual refugee admissions […]
On April 8, 2021, the DOS announced that the travel of immigrants, fiancé(e) visa holders, certain exchange visitors, and pilots/aircrew traveling for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of approving exceptions under the geographic proclamations restricting travel due to COVID-19. These proclamations restrict the entry of individuals physically […]
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 […]
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 […]
