Palmer Polaski Blog

The following additional items may be of interest to our readers: Marriage to U.S. Citizen and Naturalization: Naturalization applicants filing on the basis of marriage to a U.S. citizen – filed after three years of obtaining permanent residency – must continue to be married from the time of filing for naturalization until the applicant takes […]

The city of Baltimore filed a lawsuit challenging President Trump’s efforts to curtail legal immigration by penalizing people who use public benefits, alleging that the Administration’s expanded definition of “public charges” has had a chilling effect on the city’s immigrant community, which Baltimore officials see as key to its revival. The lawsuit, filed in U.S. […]

Guilford College filed a lawsuit challenging the legality of an 8/9/18 USCIS policy memorandum, “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” as contrary to the statutory unlawful presence provisions, and violative of the Administrative Procedure Act and the Due Process Clause of the U.S. Constitution. Guilford asks the court to vacate the […]

With only modest movement in the employment-based preference categories for the first quarter of the fiscal year (Oct.–Dec.), the Visa Office had hoped that more dramatic forward movement in some of these categories would start in January. Unfortunately, the Visa Office does not have sufficient data to evaluate visa demand, and thus it will not […]

On November 9, 2018, President Trump issued a proclamation barring anyone who entered between ports of entry from seeking asylum. This proclamation was to be valid for 90 days or until the creation of a “safe third country” agreement with Mexico, whichever occurred first. Of course, such an agreement would only be helpful if many […]

The legal landscape regarding the use and cultivation of marijuana is changing in the United States, Canada, and many other countries. Many questions are arising as to the impact of marijuana-related activities on one’s admissibility to the United States. As a matter of U.S. federal law, marijuana is still a controlled substance. However, as of […]

Are you compliant? The law requires employers to review documents from each worker they hire to verify that the worker is legally present in the United States and authorized to be employed. This is done on Form I-9, Employment Eligibility Verification. While the Obama Administration had made worksite enforcement a major priority by conducting a […]

USCIS wants to eliminate the way in which customers can use InfoPass. Currently, in most jurisdictions, an individual who wants to discuss his or her case with an immigration representative can make an appointment online through the InfoPass system, assuming an appointment is available. But appointments have become harder and harder to obtain and often […]

Given the suspension of premium processing for many H-1B filings, employers who have an urgent need that demands prompt adjudication of their H-1B petitions can request an expedite. USCIS, however, will only expedite a petition if it meets one or more of the following expedite criteria: Severe financial loss to company or person; Emergency situation; […]

In early December, the Department of Homeland Security (DHS) published a proposed rule to implement a pre-filing registration system for U.S. employers seeking to file cap-subject H-1B petitions. The new system would require that employers electronically pre-register their intent to petition for an H-1B beneficiary during a two-week registration period. There would be no fee […]