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: (310) 582-5904; (818) 934-1561

Skype: john.khosravi


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

Wednesday, December 30, 2015

Customers Must Mail Form I-290B for Form N-600 or Form N-600K to the Chicago Lockbox

Starting January 1, 2016, customers who wish to file Form I-290B, Notice of Motion or Appeal, in response to a decision on their Form N-600 or N-600K must mail their Form I-290B to the Chicago Lockbox. USCIS will no longer accept these forms at local field offices.

Customers should mail their Form I-290B for Form N-600 or N-600K to:
U.S. Postal ServiceUSPS Express Mail/Courier
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
USCIS
Attn: FBAS
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

USCIS will provide a 30 day grace period from January 1-30, 2016, for customers who file their Form I 290B with the local office. Local field offices who receive Form I-290Bs during this time will forward the forms to the Chicago Lockbox.
After January 30, 2016, local field offices will return all Form I-290Bs for Forms N-600 or N-600K they receive and advise customers to file at the Chicago Lockbox.

USCIS Approves 10,000 U Visas for 7th Straight Fiscal Year

U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2009.

Each year, 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U visa petition requires certification that the victim has been helpful to law enforcement.

Although USCIS has reached the statutory cap of 10,000 U visas, it will continue to review pending petitions for eligibility. For eligible petitioners who cannot be granted a U-1 visa solely because of the cap, USCIS will send a letter notifying them that they are on a waiting list to receive a U visa when visas become available again. The letter will also inform the petitioners of options available to them while they are on the waiting list. Petitioners and qualifying family members must continue to meet eligibility requirements at the time the U visa is issued.

USCIS will resume issuing U visas on October 1, 2016, the first day of fiscal year 2017, when visas become available again.

Congress created the U visa program to strengthen the law enforcement community’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes, while also offering protection to victims. More than 117,579 victims and their family members have received U visas since the program began in 2009.

Source: USCIS

Tuesday, December 29, 2015

USCIS Transferring Workload between Processing Centers

USCIS recently began transferring certain casework from the Vermont Service Center (VSC) to the California Service Center (CSC) and Nebraska Service Center (NSC) to balance workloads. The CSC will now process Form I-539, Application to Extend/Change Nonimmigrant Status.
The NSC will process Form I-765, Application for Employment Authorization, filed by an asylum applicant with a pending asylum application filed on or after Jan. 4, 1995. The eligibility category for the application is (c)(8).

How You Will Be Affected If We Transfer Your Case

If we transfer your case, we will send you a transfer notice. Your original receipt number will not change, and the transfer will not delay the processing of your case except for the additional time needed to transfer the file.
The filing location and instructions for these forms will not change. Please continue to file the forms at the address on the form instructions and on the USCIS website at www.uscis.gov.

How to Track the Status of Your Case

You can check your case status at Case Status Online by entering your receipt number. You can also sign up to receive automatic case status updates by email.
If you do not receive a decision on your case within the published processing time, you may submit an inquiry using e-Request or by calling the National Customer Service Center (NCSC) at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833). When asking about your case status, please provide us with your original receipt number and specify that your case was transferred to a new location.
If we send you any notice (such as a Request for Evidence), please read the notice carefully and follow the instructions provided.
If you move while your case is pending, you must inform USCIS of your address change. You may file a change of address on our website or by calling the NCSC. It is important that you notify us of any address change as soon as possible, so that you continue to receive notifications from USCIS.

Form I-751 Removal of Conditions Update by USCIS

USCIS published an update to Form I-751, Petition to Remove Conditions on Residence. The new edition is dated 11/23/15.

Starting 02/29/16, USCIS will accept only the 11/23/15 edition. USCIS will not accept editions dated 04/13/13 or earlier after that date. The edition date can be found at the bottom of every page on the form and instructions.

Friday, December 18, 2015

Great New Episode of the Immigration Lawyers' Podcast with EB-5 Immigration Attorney and Financial Advisor John Roth, Esq./M.B.A.


BALCA on ACWIA, H-1B Prevailing Wage, Higher Education

BALCA, Matter of University of Michigan, Nov. 18, 2015- "The Employer filed an Application for Prevailing Wage Determination (ETA Form 9141) in connection with its efforts to hire an H-1B worker. (AF 27-31). The Employer noted on the Form 9141 that it was an institution covered by the American Competitiveness and Workforce Improvement Act (“ACWIA”). (AF 27). The Employer indicated the job opportunity corresponded with the SOC/O*Net code for “Compliance Officers,” but requested that the Certifying Officer (“CO”) use an EduComp wage survey to calculate the prevailing wage instead of the OES data for Compliance Officers. (AF 28). The survey provided by the Employer contained wage data from several universities for the position of “Institutional Review Board Specialist” and listed an average annual salary of $57,428.00. (AF 37-91). The CO rejected the Employer‟s wage survey for reasons not relevant to this appeal and relied on the OES data for “Compliance Officers” to issue a prevailing wage determination (“PWD”) of $95,534.00. ... - See more at: 

Thursday, December 17, 2015

EB-5 & Other USCIS Timelines For December 2015

The Form I-526 and Form I-924 Application for Regional Center processing times had a good drop in processing time to 12.8 months and 11.6 months respectively, but Form I-829 (petition by entrepreneur to remove conditions) had slight increase.

For more information about the EB-5 program, please contact the JQK Law Firm at (310) 582-5904.

Form I-526 (Immigrant Petition by Alien Entrepreneur)
12.8 months (1.6 months decrease from previous month)

Form I-829 (Petition by Entrepreneur to Remove Conditions) 
15.8 months (.4 increase from previous month) 

Form I-924 (Application for Regional Center)
7.9 (3.7 decrease from previous month!)

For other USCIS Processing times, please visit:https://egov.uscis.gov/cris/processTimesDisplayInit.do

Obama Asks for Review of K-1 Fiancé Visa Program

http://www.reuters.com/article/california-shooting-visas-idUSKBN0TQ0BB20151207

USCIS Launches Virtual Assistance System: EMMA

http://www.uscis.gov/emma

Congress Extends EB-5 Program Without Major Changes

http://www.nbcnews.com/news/asian-america/congress-likely-extend-controversial-investment-visa-program-n481751

Thursday, December 10, 2015

U.S. House Passes Visa Waiver Bill

As Republicans squabbled over Donald Trump’s controversial proposal to bar all Muslims from traveling to the United States, the House on Tuesday overwhelmingly passed a bill imposing new restrictions on a visa waiver program that currently welcomes roughly 20 million people into the country each year.
The bill, which was approved on a 407 to 19 vote, would increase information sharing between the United States and the 38 countries whose passport-holders are allowed to visit the country without getting a visa, while also attempting to weed out travelers who have visited certain countries where they may have been radicalized.

Wednesday, December 2, 2015

New Policy Memo: Visa Petition after death of Spouse

Approval of a Spousal Immediate Relative Visa Petition under Section 204(l) of the Immigration and Nationality Act after the Death of a U.S. Citizen Petitioner

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-1118_Approval_of_a_Spousal_Immediate_Relative_Visa_Petition.pdf

US Visa Waiver Program Tightened

PARIS — The White House announced changes Monday to the government’s visa-waiver program to try to stop those who have visited conflict zones from easily boarding American-bound commercial flights, a move intended to prevent an attack in the United States similar to the ones that struck Paris.
But the new measures — which include potentially higher fines for airlines that fail to verify their passengers’ identities and increased information-sharing between countries — are limited, and White House officials acknowledged that they would need Congress to pass legislation to further tighten controls.

Congressional Republican leaders announced Monday that they would pursue more potent legislation to toughen the waiver program.

Read more at the NY Times

Wednesday, November 25, 2015

Draft Policy Memorandum for Job Portability

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/PED-Draft_Same_or_Similar_Policy_Memorandum_-_11.20.15.pdf

USCIS Policy Memorandum on G-28

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-1117_PM_602-0127_Updated_Form_G-28_Notice_of_Entry_of_Appearance_.pdf

Monday, November 23, 2015

New Countries Eligible to Participate in H-2A and H-2B Programs

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary nonagricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries publishes in a Federal Register notice on January 18, 2011 , and the designations are valid for one year from the date of publication.
Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
After considering a number of relevant factors under the governing regulations, the Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.
This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition. 

Friday, November 20, 2015

EB-5 & Other USCIS Timelines For November 2015

The Form I-526 processing time has increase this month, but Form I-829 (petition by entrepreneur to remove conditions has decrease, as did Regional Center Form I-924.


For more information about the EB-5 program, please contact the JQK Law Firm at (310) 582-5904.



  • Form I-526 (Immigrant Petition by Alien Entrepreneur)

    • 14.4 months (.6 months increase from previous month)


  • Form I-829 (Petition by Entrepreneur to Remove Conditions) 

    • 15.4 months (.1 decrease from previous month) 


  • Form I-924 (Application for Regional Center)

    • 11.6 (.7 decrease from previous month)

    For more USCIS Processing times, please visit: https://egov.uscis.gov/cris/processTimesDisplayInit.do

    Wednesday, November 18, 2015

    New e-FAM announced by State Department

    On November 18, 2015, the legacy Volume 9 of the Foreign Affairs Manual (9 FAM) will be replaced by the 9 FAM-e. As of this date the 9 FAM-e will become the authoritative source for visa guidance. 
    The new 9 FAM-e represents the revision and reorganization of more than 4,000 pages of the legacy 9 FAM content that traditionally paralleled Volume 22 of the Code of Federal Regulations. While the new 9 FAM-e overhauls language and organization, it does not alter substance. Guidance is not changed, but rather presented in an improved way. The former interpretive and procedural notes, along with appendices were merged. The new 9 FAM-e adopts a hierarchical structure that is both more logical and better suited to modern search technologies. The revised 9 FAM-e uses a new citation system that is similar to the citation system used in other volumes of the Foreign Affairs Manual and Foreign Affairs Handboook. The Department also developed crosswalk tables correlating old citations with new, so that users can match new sections with former locations in the legacy FAM and vice versa.

    USCIS Announces Addition of 16 Countries Eligible to Participate in the H-2A and H-2B Visa Programs

    USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan**, and Timor-Leste to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The notice listing the eligible countries published on Nov. 18, 2015 in theFederal RegisterDHS reserves the right to add countries to the eligible countries list at any time, and to remove any country at any time DHS determines that a country fails to meet the requirements for continued designation.

    Secretary of Homeland Security Johnson and Secretary of State Kerry have agreed that Moldova will no longer be designated as an eligible country to participate in the H-2B program because Moldova is not meeting the standards in the regulation for the H-2B program participation. Nationals of Moldova may still participate in the H-2A program because Moldova continues to meet the standards in the regulation for H-2A program participation.
    The H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS, however, may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

    Effective Jan. 18, 2016, nationals of the following countries are eligible to participate in the H-2A and H-2B Visa programs:
    AndorraEthiopiaLuxembourgSan Marino
    ArgentinaFijiMacedoniaSerbia
    AustraliaFinlandMadagascarSingapore
    AustriaFranceMaltaSlovakia
    BarbadosGermanyMoldova*Slovenia
    BelgiumGreeceMexicoSolomon Islands
    BelizeGrenadaMonacoSouth Africa
    BrazilGuatemalaMontenegroSouth Korea
    BruneiHaitiNauruSpain
    BulgariaHondurasThe NetherlandsSweden
    CanadaHungaryNicaraguaSwitzerland
    ChileIcelandNew ZealandTaiwan**
    ColombiaIrelandNorwayThailand
    Costa RicaIsraelPanamaTimor-Leste
    CroatiaItalyPapua New GuineaTonga
    Czech RepublicJamaicaPeruTurkey
    DenmarkJapanThe PhilippinesTuvalu
    Dominican RepublicKiribatiPolandUkraine
    EcuadorLatviaPortugalUnited Kingdom
    El SalvadorLichtensteinRomaniaUruguay
    EstoniaLithuaniaSamoaVanuatu
    *Moldova is designated to participate in the H-2A program, but it is not eligible to participate in the H-2B program.
    ** With respect to all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.
    This notice does not affect the status of beneficiaries who currently are in the United States in H-2A or H-2B status unless they apply to change or extend their status. Each country’s designation is valid for one year from Jan. 18, 2016.
    For more information on USCIS and its programs please visit www.uscis.gov.


    Tuesday, November 17, 2015

    December Visa Bulletin Released

    The new visa bulletin includes a new system for Immigrants that are already in the U.S. to adjust status before their Priority Date becomes Current:

    http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-december-2015.html

    Joining Loyola Law School Faculty

    Just crossed off another dream on my bucket list!


    Teaching Immigration Law at Loyola Law School #Professor

    USCIS Form I-765 Updated

    USCIS has published an update to Form I-765, Application for Employment Authorization. The new edition is dated 11/04/15. (Previous editions dated 02/13/15, 05/27/08 or later, also accepted.)

    Tuesday, November 10, 2015

    D.A.P.A. Denial Upheld by Appeals Court

    A federal appeals court on Monday agreed to keep on hold President Barack Obama's executive order on immigration -- nearly a year after he announced it as a backstop measure to Congress' failure to enact comprehensive immigration reform.
    The divided, 124-page ruling deals a blow to the administration's Deferred Action for Parental Accountability program, known as DAPA, and there may be just enough time for a formal appeal to the Supreme Court to be resolved ahead of the 2016 election.
    In ruling against the government, the U.S. Court of Appeals for the 5th Circuit largely agreed with a lower court judge, who in February issued a “nationwide injunction” that effectively stopped DAPA from taking effect, and concurred that Texas and other states that sued the president over the program had legal “standing” to challenge its constitutionality in federal court.
    Read more at Huffington Post

    Saturday, November 7, 2015

    EB-5 Regional Center Reports Due by Dec. 29, 2015

    Approved EB-5 regional centers must submit a Form I-924A, Supplement to Form I-924 annually to demonstrate continued eligibility for the regional center designation – namely, that they continue to promote economic growth, improved regional productivity, job creation or increased domestic capital investment in the approved geographic area. See 8 CFR 204.6(m)(6).
    The form must be filed for each fiscal year (October 1 through September 30) within 90 days after the end of the fiscal year (on or before December 29).
    To learn more about this requirement, visit the USCIS I-924A Web page: http://www.uscis.gov/i-924a

    Friday, November 6, 2015

    USCIS Updates I-485 Forms

    USCIS Update to Form I-140

    Update to Form I-140, Immigrant Petition for Alien Worker. New edition is dated 10/15/15. You may also file using the previous edition: 03/05/13.

    Saturday, October 17, 2015

    USCIS Update Visa Bulletin Instructions

    From USCIS:

    Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart.  Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications.
    We anticipate making this determination each month and posting the relevant chart on our website within one week of DOS’ publication of the Visa Bulletin.

    About the Visa Bulletin

    DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.
    • The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
    • Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.
    Learn more about adjustment of status and the Visa Bulletin on our website.

    EB-5 & Other USCIS Timelines For October 2015


    EB-5 and other USCIS Timelines for September 2015

    The Form I-526 processing time has not changed, but Form I-829 (petition by entrepreneur to remove conditions(has increased again by a month) as did Regional Center Form I-924.

    For more information about the EB-5 program, please contact the JQK Law Firm at (310) 582-5904.


  • Form I-526 (Immigrant Petition by Alien Entrepreneur)
    • 13.8 months (.4 months increase)

  • Form I-829 (Petition by Entrepreneur to Remove Conditions) 
    • 15.5 months (.8 increase) 

  • Form I-924 (Application for Regional Center)
    • 12.3 (.1 decrease)