Palmer Polaski Blog

In a narrow 5-4 ruling, the Supreme Court blocked, perhaps only temporarily, President Trump’s attempt to terminate Deferred Action for Childhood Arrivals (DACA). The majority held that the Administration failed to provide adequate reasoning to justify ending the DACA program, in violation of the Administrative Procedure Act. The Court reasoned that in attempting to rescind […]

USCIS USCIS Offices Reopened for Most Nonemergency Services As of June 4, 2020, many domestic USCIS field offices and asylum offices re-opened for normal face-to-face services to the public on an appointment basis. Application support centers (ASCs) remain closed but are expected to open beginning in mid-July. This means all in-person interviews have been resumed. […]

With specific exceptions, foreign nationals who have been in any of the following countries during the past 14 days may not enter the United States: China; Iran; European Schengen area; United Kingdom; Republic of Ireland; and Brazil. Exceptions are available for essential workers. Moreover, the United States, Canada, and Mexico are still restricting all nonessential […]

Effective June 24, 2020, President Trump issued a proclamation that extends his previous order that banned certain immigrant visas from being issued by the Department of State and suspends the entry of foreign nationals who are outside of the United States who need to apply for an H-1B, H-2B, J-1 and L-1 visa stamp. The […]

Effective June 24, 2020, President Trump issued a proclamation that extends his previous order that banned certain immigrant visas from being issued by the Department of State and suspends the entry of foreign nationals who are outside of the United States who need to apply for an H-1B, H-2B, J-1 and L-1 visa stamp. The […]

On March 31, the Board of Immigration Appeals (BIA), the appellate level administrative court for immigration matters, held in a cancellation of removal case (a remedy available to LPRs who are in deportation proceedings) that, to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish […]

H-1B Cap Reached During Registration Period: USCIS has received enough H-1B cap-subject visa petitions to exceed the statutory limit of 65,000 visas (plus 20,000 Master’s cap visas) and ran its random selection lottery. In fact, over 275,000 registrations were received this year. Employer-petitioners selected have 90 days to submit their petitions. New I-9 Form: USCIS […]

More than 1,000 hateful acts of discrimination, including serious violent acts, directed toward Asians and Asian Americans have been reported in the last two weeks of March, with new incidents coming in daily. These hateful acts have been committed against Asians and Asian Americans of all ages, with victims as young as two years old. […]

Like USCIS and ICE, most immigration courts and the Board of Immigration Appeals (BIA) continue to operate and are processing cases; however, some courts have temporary closures due to COVID-19. Receipt stamps continue to be issued for defensive applications, motions, pleadings, and evidentiary filings. Likewise, the courts continue to issue new hearing notices and immigration […]

While the Department of Labor (DOL) has a limited role in immigration-related cases, it plays a significant role in H-1B (and H-1B1 and E-3) petitions and PERM labor certification-based immigrant visa applications: Guidance for H-1B, H-1B1, and E-3 Employers H-1B, H-1B1, and E-3 employees’ terms and conditions of employment are governed by the labor condition […]