Palmer Polaski Blog

If you are a legal permanent resident (LPR) and eligible for citizenship, now is a good time to give serious thought to becoming a U.S. citizen. Procrastination, cost, and an emotional bond to your home country may encourage you to remain in LPR status. That is understandable, but only for so long. The immigration system […]

In the waning months of 2016, the growing trend in the executive branch was disdain for the private prison system. The Department of Justice issued a memorandum stopping the practice altogether, which prompted action by other federal agencies. Immigration and Customs Enforcement (ICE) gave serious consideration to ending the practice of relying on private detention […]

In light of increased inspection of electronic devises at the border, CBP recently released a handout explaining why a person’s electronic device may be subject to inspection, the authority to search electronic devices, and what happens with the return or seizure of detained such electronic devices. The following is a summary: Why You May Be […]

As previously reported, two significant Executive Orders were signed by President Trump in January, “Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement Improvements,” which are now being implemented. During the last several weeks, various immigration-related agencies announced a myriad of plans that range from construction of the […]

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 […]

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 […]