In 2015, the DHS promulgated rules that permitted spouses of certain H-1B visa holders to receive work authorization. Under the current rules, an H-4 spouse could may apply for work authorization if his or her H-1B spouse had an approved I-140 but was still awaiting visa availability. In the wake of the new rule, a […]
Palmer Polaski Blog
Palmer Polaski Immigration Alerts
On April 18, President Trump signed yet another Executive Order, “Buy American and Hire American,” in which he directs various agencies to review the current laws governing the H-1B program. President Trump also indicated he was directing federal agencies to review all visa programs and take prompt action to crack down on fraud and abuse […]
In late December, a precedent-setting case, Matter of Dhanasar, revised the analytical framework for assessing eligibility for national interest waivers (NIW) and presumably making NIWs more broadly available to foreign nationals who are pursuing endeavors that would benefit the United States, including entrepreneurs and individuals who are self-employed. The NIW is a subcategory of the […]
On January 17, 2017, DHS published a final rule that encourages entrepreneurship and investment to stimulate our economy by granting parole status to foreign nationals who establish start-up companies in the U.S. The rule is slated to go into effect on July 17. A new form is being created, and the filing fee will be […]
As noted above, President Trump’s EO “Enhancing Public Safety in the Interior of the United States” effectively ended the priority system put in place by President Obama, which classified targets for removal based upon the seriousness of their crimes. Under the old system, by using prosecutorial discretion, foreign nationals who had not been convicted of […]
In this new period of extreme heightened security, travelers entering the United States can expect increased scrutiny by immigration inspectors. Even before the new EOs heightened scrutiny at the borders, Customs and Border Patrol (CBP) officers had begun asking ESTA travelers for social media account information upon entry — the theory being that this will […]
When the travel ban was signed, foreign nationals were not the only ones placed in a precarious position. Employers who have foreign nationals affected by the ban were affected as well. When faced with these realities, efforts to continue “business as usual” by reassigning work or passing over an otherwise qualified job applicant may open […]
There are three additional Executive Orders that were drafted and leaked in late January that could be signed by the President. These govern the DACA program, public benefits by foreign nationals, and nonimmigrant visas, with specific focus on H-1Bs. As of this writing, no new information has been issued or leaked about the fate of […]
Two other, significant Executive Orders were signed by Trump in January, “Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement Improvements.” These EOs aim specifically to curb and solve unlawful immigration through aggressive detention and deportation of undocumented foreign nationals and by building “the Wall” between the United […]
Five days into office, President Trump signed several Executive Orders (EO) on immigration, including the travel ban, that wreaked havoc on U.S. immigration laws and procedures and caused chaos, panic, and fear within our immigration community. Below is a summary of what has happened, where we are, and what we can expect.
