In immigration law, certain criminal acts have immigration consequences, rendering an applicant inadmissible, deportable, or ineligible for the immigration benefit being sought. USCIS issued policy guidance – and updated its USCIS Policy Manual – regarding how post-sentencing changes to criminal sentences affect convictions for immigration purposes. An immigrant convicted of an aggravated felony is ineligible […]
Palmer Polaski Blog
The State Department’s Visa Office recently provided guidance and practical advice on the submission and processing of DS-160 nonimmigrant visa applications based on some frequently asked questions: Q: If an applicant completes a Form DS-160 for one consular post and then applies for a nonimmigrant visa at a different post, is a new DS-160 required? […]
According to Stuart Anderson, Executive Director of the nonpartisan public policy organization the National Foundation for American Policy, no president has been sued over his immigration policies as much as President Trump. In a recent article in Forbes, Mr. Anderson provides an analysis of the key immigration cases and issues facing the courts. Pending court […]
DHS promulgated a proposed rule that would make changes to the USCIS fee schedule by a “weighted average increase of 21 percent,” or about an 18 percent overall fee hike. The rule would also add new fees, change forms, and introduce several new forms. Some of the most common applications and petitions that would be […]
Now is a good time for foreign nationals who will be departing the United States for travel abroad over the holidays to review their travel documents to ensure that their reentry into the U.S. is as seamless as possible. Depending on an individual’s current status and whether he or she is “in process” for another […]
USCIS announced that it is implementing the registration process for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced-degree exemption, for FY2021. Such employers must first electronically register and pay the associated $10 H-1B registration fee before filing a petition for H-1B visa status for a beneficiary. If approved, the visa […]
The Social Security Administration (SSA) has resumed issuing no-match letters. No-match letters state that a certain number of wage reports for name and SSN combinations do not match SSA records. Employers should be mindful that SSA no-match letters can potentially lead to issues related to immigration enforcement, including an ICE audit to ensure I-9 compliance. […]
On May 31, 2019, USCIS announced a policy limiting USCIS asylum jurisdiction over applicants previously determined to be “unaccompanied alien children” (UAC). The memo reversed a 2013 policy, often referred to as the “Kim memo,” that specified that USCIS took jurisdiction over asylum applications filed by applicants who had previously been determined by ICE or […]
There have been recent reports that ICE has started to conduct on-site inspections for STEM Optional Practical Training (OPT) employment. According to DHS’s Study in the States website, an on-site visit will address how the salary of STEM OPT employees is determined, whether there is sufficient structure to provide supervision and training of the employee, […]
Not only has USCIS increased the red tape and bureaucracy for U.S. companies sponsoring foreign workers, but USCIS Acting Director Ken Cuccinelli boasts about it! It’s the latest example of administration officials lauding efforts to make it more difficult for employers to obtain what economists often consider to be a company’s most valuable resource – […]
