Palmer Polaski Blog

On October 3, U.S. District Judge Edward Chen issued a preliminary injunction against the government from terminating Temporary Protected Status (TPS) for immigrants from El Salvador, Haiti, Nicaragua, and Sudan. The judge ruled that the government must maintain TPS, and employment authorizations for TPS beneficiaries from those countries, while a lawsuit challenging the government’s decision […]

On October 10, 2018, USCIS published a proposed rule that would expand the definition of “Inadmissibility on Public Charge Grounds,” which is intended to determine whether a foreign national is inadmissible because he or she is likely at any time to become a public charge. Having received cash benefits from the United State is currently […]

USCIS has announced a revision to the policy guidance for the validity period of Form I-693 Report of Medical Examination and Vaccination Record, effective November 1, 2018. The revised policy will require applicants to submit a Form I-693 with a civil surgeon signature and date that is no more than 60 days before the filing […]

The following additional items may be of interest to our readers: Latest News on Using Premium Processing: The fee to premium process those cases that are eligible increased to $1,410 effective October 1, DHS has announced. USICS also announced that it was suspending premium processing for all H-1B cases until February 19, 2019, except renewals […]

Effective October 1, USCIS began implementing its policy of referring cases to the immigration court through the issuance of a Notice to Appear (NTA) on denied status-impacting applications, thus increasing its enforcement actions to a whole host of cases that normally are not automatically referred for proceedings. Service of the NTA provides a foreign national […]

The EB-1-1 (employment-based first preference) became oversubscribed during the summer. While this is normal because the summer is the end of the U.S. fiscal year, visas in this category historically always have become available again October 1, the beginning of the new fiscal year, and green cards would be issued. Not so this year. According […]

We are seeing long delays in the adjudication of Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, processed by the National Benefits Center (NBC). Processing times for the NBC as of September 2018 indicate that I-765 applications based on pending I-485 adjustment of status applications range from 4.5 to 6.5 […]

USCIS has reminded F-1 students whose cap-subject H-1B petition remains pending that they risk accruing unlawful presence if they continue to work on or after October 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through September 30. While USCIS regulations allow an F-1 student who is the beneficiary […]

A lawsuit filed in the Northern District of Texas is alleging that DHS violated the Administrative Procedure Act (APA) by publishing a rule affecting the F-1 Optional Practical Training (OPT) program for STEM students. The original rule DHS published extending OPT employment for STEM students was properly implemented through the notice-and-comment procedure. However, the new […]

As criticism of the agency increases, dissent is forming with Immigration and Customs Enforcement (ICE). In a letter addressed to the Secretary of Homeland Security, Homeland Security Investigations (HSI) proposed a deconstruction of ICE into its two main but independent components, HSI and Enforcement and Removal Operations (ERO). The latter is managed by a union […]