In a recent cable to consular officers, the Department of State reviewed and amended its guidance regarding minimum wage requirements and presumption of ineligibility for visa issuance for A-3, C-3, and G-5 attendants, servants, and personal employees. Most significantly, DOS directs that consular officers must presume that an applicant is not eligible for a visa […]
Palmer Polaski Blog
On April 6, 2018, President Trump published a memorandum directing the secretaries of Homeland Security, Defense, Justice, and Health and Human Services to update him regarding the steps being taken to end “catch and release” practices. Catch and release is an unofficial name of a protocol that has been followed by immigration enforcement agencies, ICE […]
ICE has changed its policies regarding the handling of pregnant women in detention, breaking from the previous practice of automatically releasing them. Under a new directive, immigration officers will no longer default to trying to release pregnant women in ICE custody. Instead, the policy requires a case-by-case evaluation, and ICE will keep in custody “only […]
USCIS To Destroy Undeliverable Green Cards and EADs After 60 Days: USCIS announced that it is now destroying permanent resident cards, employment authorization cards, and travel documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted with the correct address. Word to the wise: all foreign nationals […]
The H-4 visa is available for the spouses of those for nationals who have received an H-1B visa. However, unlike many other visa categories for spouses, there are conditions on H-4 visa holders who can apply for and receive work authorization. H-4 visa holders can receive an EAD work if they meet one of these […]
Question for employers: How does your company handle its I-9s? Have you even thought about it? Unfortunately, most employers tend to underthink this hugely important human resources component, which affects all its employees, not just foreign nationals. ICE has announced it will increase its worksite audits by “four or five times,” and all employers, irrespective […]
Partner David Harston to speak at the Institute on Advising Nonprofit Organizations in Colorado, on “Charitable Organizations and Immigration Law.” Denver, Colorado(CBA-CLE, May 4, 2018).
The Trump Administration through the Department of Justice (DOJ) has, little by little, implemented a number of policies over the last year that have undermined the independence of the immigration courts and have weaken due process for foreign nationals. Some basics: The immigration courts play a key role in affording noncitizens an opportunity to present […]
The U.S. Supreme Court decided two important immigration cases recently, one holding that part of the law defining a “crime of violence” for deportability purposes was unconstitutionally vague, and the other case holding that there is no automatic right to a bond hearing for those detained for as long as six months. In April, the […]
The following additional items may be of interest to our readers: Parole for Entrepreneurs Moving Forward: The international entrepreneur rule allows certain entrepreneurs to be granted “parole” and remain in the U.S. while they develop their business idea. The rule was crafted late in President Obama’s term and was set to take effect on July […]
