On January 28, 2022, the Board of Immigration Appeals (BIA) issued a ruling in Matter of Laparra, holding that a properly served noncitizen has received sufficient notice of a hearing, even if that respondent was served a noncompliant “notice to appear” that did not specify the time or place of the hearing This decision will […]
Palmer Polaski Blog
A reminder that on May 4, 2022, DHS announced a temporary rule that increases the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days. This means that certain EAD applicants who timely file applications (Form I-765) to renew their employment authorization will receive an automatic extension of up to 540 […]
On March 17, 2022, the Biden Administration announced that U.S. citizens living overseas with immediate family members, but have not yet filed I-130 petitions, may file at a local U.S. embassy or consulate to process the immigrant visa. Eligible immediate relatives consist of spouses, unmarried children under the age of 21, and parents who fled […]
On March 21, 2022, USCIS reached a settlement that provides that until at least January 19, 2025, DHS should generally exercise prosecutorial discretion to reopen and dismiss removal orders for TPS beneficiaries who meet the following criteria: Currently possess Temporary Protected Status (TPS); Have a removal order issued by the Executive Office of Immigration Review […]
On February 7, 2022, DHS updated the validity periods for employment authorization documents (EADs) for certain immigration categories. Under the new guidelines, DHS extended the maximum validity period for first-time employment authorization documents to two years for asylees/refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners, or up to the end of the […]
The Department of Homeland Security issued a Notice of Proposed Rulemaking on February 17, 2022, updating the Department’s application of the “public charge rule” using “fair and humane treatment” of foreign nationals requesting visas or green cards. The Department’s proposed rule would return to its longstanding interpretation of the “public charge” regulation, a rule used […]
With the H-1B registration period now closed, USCIS will randomly select H-1B registrants for the 2023 fiscal year by March 31, 2022, for visas that become available October 1, 2022. Employers will have a 90-day window to complete and file the H-1B petition on behalf of the beneficiary if selected. The beneficiary must possess at […]
In an effort to improve our immigration system for highly skilled STEM workers, the Biden Administration recently announced several immigration policies that are designed to make it easier for STEM workers to qualify for O-1 nonimmigrant and NIW immigrant visas. USCIS Guidance for O-1 Petitions Focusing on STEM USCIS’s January 21, 2022, policy guidance on […]
After a month of war and devastation from the Russian invasion, more than 3.6 million (and counting) Ukrainians have escaped their country and are seeking safety abroad. While the vast majority of refugees are now in Poland – some 2 million displaced people are being housed and cared for by Ukraine’s neighbor — thousands of […]
TPS Designated for Ukraine, Afghanistan, and South Sudan: On March 2, 2022, DHS announced its redesignation for Temporary Protected Status (TPS) for South Sudan for a period of 18 months. On March 3, 2022, and on March 16, 2022, DHS made its announcements for TPS designations for Ukraine and Afghanistan, which were also designated for […]
