John Q Khosravi Law Firm

Please contact our office for more information:

John Q. Khosravi Immigration Law Firm (JQK Law Firm)

Website: JQKLaw.com

Email: info@jqklaw.com

Phone: (818) 934-1561

Skype: john.khosravi


Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.

Sunday, December 28, 2014

EB-5 Processing Times Update

Update from USCIS on Dec. 23, 2014:

The average processing time for Form I-829 (Petition by Entrepreneur to Remove Conditions) was increased to 8.6 months from the previous estimate of 6.8 months 2 weeks earlier.

Wednesday, December 17, 2014

FREE WESTWOOD LEGAL CLINIC TONIGHT



We are pleased to introduce the Khosravi-Malakouti Community Law Clinic on the 1st and 3rd Wednesday of every Month from 6:30PM to 8:30PM.

Attorneys John Khosravi and Parviz Malakouti will be available to answer your questions regarding your legal problems. Each clinic participant will receive a private 15-minute session to ask questions about a wide variety of civil legal matters.  Criminal law issues will not be addressed at the clinic.  
The service is completely free of charge to participants. Languages spoken include English, Spanish, Persian, and French.

Parviz Malakouti is a California licensed attorney and a graduate of UCLA and the University of Miami School of Law. John Khosravi is a California licensed attorney and a graduate of UCLA and Loyola Law School.

Location: Lutheran Church of The Master Parish House. 10931 Santa Monica Blvd., Los Angeles CA 90025 

Tuesday, December 16, 2014

January 2014 Visa Bulletin Released


This month's Visa bulletin showed regular movement forward in most categories. Interestingly, the Employment-Based 3rd category showed a 6 month jump forward for most countries. This is great for those that are Skilled, Professional, or "Other" workers.






Monday, December 15, 2014

Interesting New EB-5 Facts From USCIS



On December 5th, 2014, the U.S. Citizenship and Immigration Service (USCIS) held a Stakeholder Engagement Meeting discussing important and contemporary issues regarding the EB-5 Immigration Investor Program. The Meeting allowed individuals to attend in-person and by phone, and allowed individuals to ask questions, as well as receive answers to pre-selected questions. Approximately 50 people attended the meeting in-person and 500 individuals participated by phone.

In attendance from the government included the USCIS Director León Rodríguez, EB-5 Chief Nicholas Colucci and other top EB-5 officials, who spoke at the beginning of the conference and provided the following interesting facts:


  • Fiscal Year (FY) 2014 represented approximately $5.5 billion in potential investment funds.
  • There are approximately 600 approved Regional Centers, 230 of which were approved in FY 2014.
  • 11,000 I-526 petitions were filed in FY 2014 (72% increase over FY 2013).
  • Those 11,000 I-526 petitions represent over 25% of all petitions ever received by USCIS since the inception of the Program in 1990.
  • As a result of these increases, the Program used up its allocation of approximately 10,000 visas, which became unavailable toward the end of FY 2013.
  • The 11,000 I-526 petitions represent approximately $5.5 billion in potential investment.
  • USCIS received 2,500 I-829s (106% growth).
  • Compare these figures to those from 2007, at which time there were only 11 active regional centers. USCIS received less than 800 I-526 petitions, and less than 200 I-829 petitions.
  • USCIS terminated seven regional centers for failure to file Form I-924A, and issued 28 Notices of Intent to Terminate (“NOIT”) to regional centers.  

Source: AILA InfoNet Doc. No. 14121200
Photo: Roger Sayles

Sunday, December 14, 2014

New Hilton Hotel in San Gabriel through EB-5 Investment Funds #EB5 #GreenCard

Trucks loaded with construction materials park in front of a vacant lot in El Monte, where a homeless man slumbers on the sidewalk next to a mountain of rags and trash bags.
Overhead, colorful flags whip in the breeze, advertising opportunities for wealthy Chinese investors. A large sign above the sidewalk explains the reason for the trucks: the construction of a 133-room Hilton Garden Inn on a run-down section of Valley Boulevard.
The Hilton is part of an unprecedented wave of Chinese investment in a working-class, mostly Latino city, where more than $720 million in projects are under discussion or development.
When it opens in 2015, the Hilton will become El Monte's first full-service hotel since the city was incorporated in 1912. If approved, a $220-million development with about half a million square feet of retail and office space would add another hotel.

(Link)

Thursday, December 11, 2014

EB-5 Processing Times Getting Longer




The New EB-5 Immigrant Investor Processing times were published by USCIS on December 5. As usual there was a steady increase in the processing of I-526 Applications (the initial Immigrant Investor Application for the conditional Green Card). However, the processing time for the application for removing the conditions on the Green Card (Form I-829) jumped 1.8 months. 

The processing time for companies to obtain a Regional Center designation also increased by half a month. Overall the EB-5 program is taking much longer than originally intended.

·      Form I-525 (Immigrant Petition by Alien Entrepreneur)
o   14.7 months (increase of 0.4 months)
·      Form I-829 (Petition by Entrepreneur to Remove Conditions)
o    6.8 months (decrease of 1.8 months)
·      Form I-924 (Application for Regional Center)
o   9.0 months (increase of 0.5 months)

For best results, consult with an Immigration Attorney experienced in filing EB-5 applications.



Picture: Moyan Brenn

Thursday, December 4, 2014

EB-5 Regional Centers Must File Form I-924A by December 29, 2014 #EB5 #GreenCard


USCIS reminds all approved EB-5 regional centers with a designation letter dated on or before Sept. 30, 2014, that they must file Form I-924A, Supplement to Form I-924, for fiscal year 2014. Regional centers must submit Form I-924A no later than Dec. 29, 2014.
If a regional center fails to file Form I-924A, USCIS will issue a notice of intent to terminate participation in the EB-5 Immigrant Investor Program. If a regional center files an incomplete Form I-924A, USCIS may issue a notice of intent to terminate participation...(Link)

BREAKING: Govt. Hiring Thousands of Employees for Applications For Obama's Immigration Executive Order #DACA


A December 1 bulletin from the United States Citizenship and Immigration Services (USCIS) details the immediate opening of 1,000 permanent federal employee positions at a new operational facility that will open soon in Crystal City, Virginia. Newly hired employees will be tasked with approving applications submitted by illegal immigrants taking advantage of President Obama's recently announced executive amnesty program...(Link)

Wednesday, December 3, 2014

4th Quarter EB-5 Application Performance Released




The Immigrant Investor Program ("EB-5") allows foreign nationals to invest in job creating businesses in the U.S. with the goal of obtaining Lawful Permanent Residency (a "Green Card").

The process begins with the submission of the initial EB-5 package (Form I-526 and supporting documents). If approved, the foreign national will receive a Temporary/Conditional Green Card. Almost two years after the approval of the first EB-5 package, the immigrant must file the second EB-5 package (Form I-829 and supporting documents) to remove the conditions and receive a Permanent Green Card.

Because of the large dollar amount required for the investment, the process can have severe repercussions for participants whose applications are not approved. However, the success rate is still quite high, especially in relation to other U.S. Immigration programs.

For the most current statistics on the number of approvals, denials, and pending EB-5 applications, please visit the links below.


Click here for for I-526 Applications

Click her for I-829 Applications



Photo by: Dr. Wendy Longo

Monday, December 1, 2014

Applying for U.S. Citizenship (Naturalization)




Naturalization is the process by which a foreign national becomes a U.S. Citizen. This process can only begin after the foreign national has been a U.S. Lawful Permanent Resident (LPR) or Green Card holder for a set period of time, in addition to other requirements.
The following is a summary of the requirements for applying for Naturalization. It is best to consult an Immigration Attorney to properly review your personal history, requirements and potential issues that may arise for your application:
To Review the answers to the following question and see a timeline chart of the Naturalization Process, please visit the JQK Law Firm Naturalization Page.
What are the requirements for being able to apply for Naturalization (U.S. Citizenship)?
What do I need to apply for Naturalization (U.S. Citizenship) through the JQK Law Firm?
What happens after I file the Naturalization Application?


Picture: Damian Bariexca

Saturday, November 15, 2014

Small Changes in EB-5 Processing Times (November 2014)




According to the November 10, 2014 processing times published by the U.S. Citizenship and Immigration Service, there have been small changes in the processing times for EB-5 related applications:

·      Form I-525 (Immigrant Petition by Alien Entrepreneur)
o   14.3 months (increase of 0.5 months)
·      Form I-829 (Petition by Entrepreneur to Remove Conditions)
o    6.8 months (decrease of 0.4 months)
·      Form I-924 (Application for Regional Center)
o   8.5 months (increase of 0.4 months)

Unfortunately despite the average processing times listed above, the amount of time each EB-5 application may take to process will still vary greatly. For best results, contact an Immigration Attorney specializing in Business Immigration law.

 Photo by Hartwig HKD

Friday, November 14, 2014

National Visa Center Announces It Will No Longer Collect Original Civil Documents



The National Visa Center (NVC), the U.S. Department of State agency responsible for pre-processing approved immigrant visas, has changed its policy on collecting originals of certain supporting documents. As of Nov. 12, 2014, NVC will no longer collect original civil documents(such as birth, marriage, police, military, court, death or divorce records) for immigrant visa applications at non-electronic processing posts. Instead, applicants should only submit photocopies of these documents to NVC via mail and keep the original documents in their possession. However, applicants will need to take the original documents to the visa interview, once scheduled...(Link)


Photo: Adam Rifkin

Tuesday, November 11, 2014

The United States and China to Extend Visas for Short-term Business Travelers, Tourists, and Students





Starting on November 12, the United States and the People’s Republic of China will reciprocally increase the validity of short-term business and tourist visas and student and exchange visas issued to each other’s citizens.

Chinese applicants who qualify for a B-category nonimmigrant visa (NIV) may now be issued multiple-entry visas for up to 10 years for business and tourist travel. Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J-category visas are now eligible for multiple-entry visas valid for up to five years or the length of their program.

U.S. citizens eligible for Chinese short term business and tourist visas should also receive multiple-entry visas valid for up to 10 years, while qualified U.S. students may receive student residency permits valid up to five years, depending on the length of their educational program.

Please review our FAQs for more information.

Photo by Dennis Jarvis


Friday, October 24, 2014

Dramatic Increase in EB-5 Form I-829 Processing Time (October 2014 EB-5 Processing Times)



Update: USCIS corrected the Form I-829 Processing time on October 24, 2014 to reflect a 7.2 Months. Although a formal update as to the EB-5 processing times for this month was not provided, a review of the designated USCIS EB-5 processing times webpage posted on October 7, 2014 (reflecting the average processing times from August 31, 2014) showed increases and even a dramatic increase in the processing time for Form I-829 Petition by Entrepreneur to Remove Conditions.

  • Form I-526 (Immigrant Petition by Alien Entrepreneur:
    • 13.8 months (increase of .5 months)
  • From I-829 (Petition by Entrepreneur to Remove Conditions)
    • 15.1 months (increase of 7.5 months!)
  • Form I-924 (Application for Regional Center)
    • 8.1 months (increase of 1 month)

Unfortunately EB-5 processing times are still not consistent and vary greatly. Even though the average times are listed above, some applications are adjudicated much quicker, and sometimes take much longer.

For best results, contact an Immigration Attorney specializing in Business Immigration law.

Photo by: Robert Couse-Baker

Tuesday, October 21, 2014

Green Cards for Scientists: The National Interest Waiver EB-2c Category



Most Employment-Based (EB) Petitions for Lawful Permanent Residency ("LPR") in the U.S. require the potential immigrant to have an employer file the petition for the immigrant with a Labor Certification Application. Two exceptions to this requirement are the EB-1a Extraordinary Talent and EB-2c National Interest Waiver ("NIW") programs. These are called “Self-Petitioners” and do not require a specific offer of employment (job position) from an employer or a Labor Certification. 

This EB-2c NIW category is usually used by Scientists and Researchers, however Doctors and others individuals with Exceptional Ability can also petition under this immigrant visa category.

There are 2 basic requirements to qualify for a NIW under preference category EB-2 is:
1)  Having an advanced degree professional OR being an Alien of exceptional ability


Photo by: GDS

Wednesday, October 15, 2014

FREE WESTWOOD LEGAL CLINIC TONIGHT



We are pleased to introduce the Khosravi-Malakouti Community Law Clinic on the 1st and 3rd Wednesday of every Month from 6:30PM to 8:30PM.

Attorneys John Khosravi and Parviz Malakouti will be available to answer your questions regarding your legal problems. Each clinic participant will receive a private 15-minute session to ask questions about a wide variety of civil legal matters.  Criminal law issues will not be addressed at the clinic.  
The service is completely free of charge to participants. Languages spoken include English, Spanish, Persian, and French.

Parviz Malakouti is a California licensed attorney and a graduate of UCLA and the University of Miami School of Law. John Khosravi is a California licensed attorney and a graduate of UCLA and Loyola Law School.

Location: Lutheran Church of The Master Parish House. 10931 Santa Monica Blvd., Los Angeles CA 90025 


Photo by: John Marino

Saturday, October 11, 2014

HUGE RETROGRESSION INDIA EB-2 CATEGORY - November 2014 State Department Visa Bulletin



The US State Department released the November 2014 Visa Bulletin. The most shocking part of the new Visa Bulletin was the massive Retrogression of the EB-2 category for Indians, setting back the category 4 years and 3 months. On the other hand other EB-2 and EB-3 categories made meaningful moves forward. The Family-Based categories moved forward slowly as well.


Family-Based Preference Categories

  • Family-Based First Preference (FB-1)
    • For all countries exception those below: 2 weeks forward
    • China: 2 weeks forward
    • India: 2 weeks forward
    • Mexico: 2 weeks forward
    • Philippines: 1 month forward

    • Family-Based Second Preference (FB-2)
    • FB-2A:
      • For all countries exception those below: 1 month forward
      • China: 1 month forward
      • India: 1 month forward
      • Mexico: 2 months forward
      • Philippines: 1 month forward

      • FB-2B:
        • For all countries exception those below: 2 months forward
        • China: 2 months forward
        • India: 2 months forward
        • Mexico: 5 weeks forward
        • Philippines: 2 weeks forward

      • Family-Based Third Preference (FB-3)
        • For all countries exception those below: 1 week forward
        • China: 1 week forward
        • India: 1 week forward 
        • Mexico: 1 week forward
        • Philippines: 1 week forward

      • Family-Based Fourth Preference (FB-4)
        • For all countries exception those below: 2 weeks forward
        • China: 2 weeks forward
        • India: 2 weeks forward
        • Mexico: 2 weeks forward
        • Philippines: 3 weeks forward



      Employment-Based Preference Categories

    • Employment-Based Fifth Preference (EB-5)
    • All categories current

    • Employment-Based Second Preference (EB-2)
    • All categories current except:  

    • China: 5 weeks forward 

    • India: MOVES BACKWARDS 4 YEARS 3 MONTHS!

    • Employment-Based Third Preference (EB-3)
    • For all countries exception those below: 8 months forward

    • China: 9 months forward

    • India: 1week forward

    • Mexico: 8 months forward

    • Philippines: 8 months forward

    • Other workers
    • All: 8 months forward

    • China: No change

    • India: 1 week forward

    • Mexico: 8 months forward 

    • Philippines: 8 months forward

    • Employment-Based Fourth Preference (EB-4)
    • All categories current 

    • Employment-Based Fifth Preference (EB-5)
    • All categories current

    • Tuesday, October 7, 2014

      Changes to the U.S. State Department Immigration Fees


      Effective from September 6, 2014, the United States Department of State, the Federal Department overseeing Visa Processing through the National Visa Center and the US Embassies and Consulates across the globe changed its processing fees for various type of Immigrant Visas and Processing. 

      This has affected many immigrant and non-immigrant visa applicants, including other groups. For the official statement, please visit the Federal Register.

      According to the State Department:
      Processing those applications for determination of eligibility as a returning resident has become less costly due to continuing advances in automation, making it easier to verify previous U.S. immigration status.” 

      A synopsis of the fee changes is below:

      Consular time fee decreased from $231 to $135 per hour.

      Administrative processing of Formal Renunciation of U.S. Citizenship increased from $450 to $2,250.

      Affidavit of Support fees increased from $88 to $120.

      Immigrant Visa Security surcharge increased from $75 to $100.

      Determining returning resident status fees decreased from $275 to $180.

      Waiver of two-year residency requirement (J-visa) fees decreased from $215 to $120.

      Refugee cases or significant public benefit parole case processing: NO FEES.


      Non-Immigrant Visa (NIV) Fees

      Non-Petition based NIV fee (Except E Category): $160.

      H, L, O, P, Q, and R Category NIV fees: $190.

      E Category NIV fees decreased from $270 to $205.

      K Category (Fiancé) NIV fees increased from $240 to $265.

      Border crossing card (age 15 and over, 10 year validity) fees $160 / under 15 years of age $16.


      Immigrant Visas (IV) and Special Visa Services Fees

      Immediate relative and family preference application fees increased from $230 to $325.

      Employment-based applications (I-140 alien work or I-526 alien entrepreneur petitioner/immigrant investor) decreased from $405 to $345.

      Other immigrant visa applications (including I-360 self-petition and special immigrant visa applicants) decreased from $220 to $205.

      Certain Iraqi and Afghan special immigrant Visa application: NO FEE