Saturday, December 31, 2016

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

Form I-526 (Immigrant Petition by Alien Entrepreneur)

15.6 months (.9 month increase from previous month!)

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

24.7 months (.9 month increase from previous month!)

Form I-924 (Application for Regional Center)

13.8 months (.9 month increase from previous month)

Click here for other USCIS Processing times,

Click here for Asylum Processing Times,
Click here for AAO Processing times,
Click here for Department of Labor processing times and information on backlogs,
Click here for Department of State Visa Bulletin,

Click here for Visa application Wait Times for Various Posts,

Click here for When to Expect Your Green Card.

Thursday, December 29, 2016

Previous Editions of Forms Accepted Until Feb. 21, 2017, but Must Include New Fees

From USCIS:

When new fees for most USCIS forms went into effect on December 23, 2016, we published updated versions of the forms at uscis.gov/forms. We strongly encourage customers to submit these new versions, which are updated with the new fees and have an edition date of 12/23/16.

We will accept prior versions of forms, with the exception of Form N-400, until February 21, 2017. However, all filings postmarked 12/23/16 or later must include the new fees or we will reject them.

We will accept only the 12/23/16 edition of Form N-400, Application for Naturalization.

The updated forms are currently available only at uscis.gov/forms, where all of our forms can be downloaded for free. We will issue another alert when paper copies become available through our forms request line (800-870-3676) and forms by mail service.

Remember, the wrong help can hurt! To get information on protecting against immigration services scams, visit uscis.gov/avoidscams.

For more information, visit our website.

New National Interest Waiver Standard

Listen to a Detailed Analysis here:

Case located here: https://www.justice.gov/eoir/page/file/920996/download

DOS Announces Ink Signature No Longer Required On Affidavits of Support

http://discuss.ilw.com/content.php?7501-News-DOS-Announces-Ink-Signature-No-Longer-Required-On-Affidavits-of-Support

Wednesday, December 28, 2016

Update to Form I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status

From USCIS:

Yesterday, USCIS posted an update to Form I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status. The new edition is dated 12/07/16. Starting 02/27/17, USCIS will only accept the 12/07/16 edition. Until then, you can use the 05/10/16 edition.
For more information, please visit our Forms Updates page.

Tuesday, December 27, 2016

SEC Charges Lawyer With Stealing Investor Money in EB-5 Offerings

http://discuss.ilw.com/content.php?7489-News-SEC-Charges-Lawyer-With-Stealing-Investor-Money-in-EB-5-Offerings

Extension of Employment Authorization for Nepali F–1 Nonimmigrant Students

Extension of Employment Authorization for Nepali F–1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the April 25, 2015 Earthquake in the Federal Democratic Republic of Nepal

https://www.gpo.gov/fdsys/pkg/FR-2016-12-27/pdf/2016-31158.pdf

New USCIS Case Precedent: EB-2c/National Interest Waiver

From USCIS:

Dear Stakeholder,

Today the Secretary of the Department of Homeland Security, Jeh Jonson, has designated as precedential the USCIS Administrative Appeals Office’s (AAO) decision in Matter of Dhanasar. This precedent decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998). The case can be found in the Virtual Law Library of the Department of Justice’s Executive Office for Immigration Review.

This precedent decision means that USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a labor certification.

The Secretary of DHS may, with the Attorney General’s approval, designate AAO or other DHS decisions to serve as precedents in all future proceedings involving the same issue or issues. Precedent decisions are binding on DHS employees except as modified or overruled by later precedent decisions, statutory changes, or regulatory changes. AAO precedent decisions may announce new legal interpretations or agency policy, or they may reinforce existing law and policy by demonstrating how it applies to a unique set of facts.

For more information on the AAO please visit www.uscis.gov/aao.

Friday, December 23, 2016

USCIS Fee Changes Take Effect Dec. 23

From USCIS:

USCIS reminds applicants and petitioners to pay our new fees with forms postmarked or filed on or after Dec. 23, 2016, or we will not be able to accept the filings. We will only accept previous fees if they are postmarked Dec. 22 or earlier.

Beginning on Dec. 23, you will no longer have a 14-day grace period to correct a failed fee payment. USCIS will immediately reject a benefit request for nonpayment. We will also no longer hold benefit requests submitted without the correct biometric services fees. You must pay biometric services fees, if applicable, at the time of filing. We will reject a benefit request if it is received without the correct biometric services fee, as specified in the form instructions.

Along with the fee changes, we are introducing a reduced fee option for certain low-income naturalization applicants who do not qualify for a fee waiver. For eligibility details and filing instructions, see Form I-942, Request for Reduced Fee, and Form N-400, Application for Naturalization.

USCIS is funded almost entirely by fees. Read our Oct. 24 news release about our first fee increase in 6 years, which is needed to recover the full cost of services. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge or fee waivers and exemptions for those who are eligible.

Thursday, December 22, 2016

USCIS Message: New Rule on the Recognition of Organizations and Accreditation of Non-Attorney Representatives

From USCIS:

Dear Stakeholder,

The U.S Department of Justice’s Executive Office for Immigration Review (EOIR) announced a final rule titled, Recognition of Organizations and Accreditation of Non-Attorney Representatives on Tuesday, December 20, 2016. This new rule, effective Jan. 18, 2017, amends the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent persons in proceedings before EOIR and the Department of Homeland Security.

For more information, please read the full EOIR press release. EOIR also released a training video on the final rule. Visit the USCIS Avoid Scams Initiative for more information on common scams and other important tips.

Kind Regards,

(NSEERS) Obama administration ending program once used to track mostly Arab and Muslim men

http://www.cnn.com/2016/12/22/politics/obama-nseers-arab-muslim-registry/

Wednesday, December 21, 2016

ILP021 - OFAC Update (Interview) w/ Sanctions Attorney Oliver Krischik

New USCIS Policy Memo: Volume 7 (Adjustment of Status), Part O: Registration

From USCIS:

The USCIS Policy Manual has been updated to address registration of lawful permanent resident (LPR) status. Volume 7 (Adjustment of Status), Part O: Registration is effective on December 21, 2016. The Policy Alert is available here:
• Volume 7 (Adjustment of Status), Part O: Registration (Final date for comments: January 6, 2017)
A summary of new and updated policies for comment is available on the Policy Manual for Comment page.

H-2B Returning Worker Program Expired: Employers Should Stop Identifying “Returning Workers” in Petitions for FY 2017

USCIS:

The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 (Public Law 114-113) expired on Sept. 30, 2016. In anticipation that Congress could reauthorize this exemption from the H-2B cap, USCIS had previously advised H-2B employers to continue identifying potential returning workers with employment start dates in fiscal year (FY) 2017. However, because Congress has not reauthorized the H-2B returning worker program, USCIS now urges employers to stop identifying returning workers in petitions for FY 2017.

Because the returning worker program has expired, petitions requesting H-2B workers for new employment with an employment start date on or after October 1, 2016 will generally be counted toward the annual H-2B cap of 66,000 for FY 2017.

Petitions for the following types of workers are still exempt from the H-2B cap:

Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

Fish roe processors, fish roe technicians or supervisors of fish roe processing; and

Workers performing labor or services in the Commonwealth of Northern Mariana Islands or Guam from November 28, 2009, until December 31, 2019.

For FY 2017, USCIS will consider those identified by employers as potential returning workers as subject to the cap. Once the H-2B cap is reached, USCIS may accept petitions only for H-2B workers who are exempt from or not subject to the H-2B cap. Note that the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap.

For more information about the H-2B work program, visit uscis.gov/h-2b or call the National Customer Service Center at 800-375-5283 (TTY 800-767-1833).

Monday, December 19, 2016

USCIS Publishes Interim Rule on T Nonimmigrant Status

From USCIS:

The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.

DHS first published the T nonimmigrant status regulations in 2002 as an interim rule, which included eligibility criteria, the application process, evidentiary standards, and benefits associated with the T visa. Since then, the public has submitted comments on the regulations and Congress has enacted numerous pieces of related legislation. With the interim rule published today, DHS is responding to the comments on the 2002 rule, clarifying requirements using insight gained from operating the program for more than 14 years, and amending provisions as required by legislation.

The interim rule was published in the Federal Register today and will become effective on January 18, 2017. The public has until February 17, 2017 to submit comments by following the directions in the Federal Register notice.
These amendments also require USCIS to amend Form I-914, Application for T Nonimmigrant Status and related forms. USCIS will accept older versions of Form I-914 for 60 days after the revised form is published.

The T visa was created for and provides immigration protection to victims of human trafficking, and allows eligible victims to remain in the United States to assist in an investigation or prosecution of human trafficking. For more information on T nonimmigrant status, visit the Victims of Human Trafficking: T Nonimmigrant Status page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook(/uscis).

Saturday, December 17, 2016

Indian pleads guilty for H-1B visa fraud in US

http://indianexpress.com/article/india/indian-pleads-guilty-for-h-1b-visa-fraud-in-us-4431807/

Wednesday, December 14, 2016

EB-5 Program Gets Temporary Extension; USCIS Issues New EB-5 Policy Manual

http://www.jdsupra.com/legalnews/eb-5-program-gets-temporary-extension-89152/

USCIS Message: CDC Updates Certain Technical Instructions for I-693 Medical Exam

From USCIS:

Dear Civil Surgeon,

The Centers for Disease Control and Prevention (CDC) of the U.S. Department of Health and Human Services (DHHS), has informed U.S. Citizenship and Immigration Services (USCIS) that it recently updated the Technical Instructions for Civil Surgeons (Technical Instructions, or TIs).

CDC made updates in the following sections of the TIs:

USCIS requires designated civil surgeons to follow the TIs when conducting immigration medical examinations of foreign nationals in the United States and when completing Form I-693, Report of Medical Examination and Vaccination Record.

Civil surgeons may view the full TIs and these new updates on the CDC website.

Civil surgeons should address any questions about the TIs directly to CDC. USCIS cannot answer medical questions involving the TIs.

USCIS is providing this notice as a courtesy to civil surgeons. As explained in the USCIS Policy Manual, the Instructions to Form I-910, Application for Civil Surgeon Designation, and the Instructions to Form I-693, civil surgeons are responsible for completing medical examinations according to DHHS regulations and CDC requirements, including the Technical Instructions and any updates posted on the CDC’s website.

Kind regards,

U.S. Citizenship and Immigration Services

USCIS Policy Manual Update: Volume 8 (Admissibility), Part K: False Claim to U.S. Citizenship

From USCIS:

The USCIS Policy Manual has been updated to address the false claim to U.S. citizenship ground of inadmissibility under section 2121 (a)(6)(c)(ii) of the Immigration and Nationality Act (INA). Volume 8 (Admissibility), Part K: False Claim to U.S. Citizenship is effective on December 14, 2016. The Policy Alert is available here:

• Volume 8 (Admissibility), Part K: False Claim to U.S. Citizenship (Final date for comments: December 28, 2016)

A summary of new and updated policies for comment is available on the Policy Manual for Comment page.

Tuesday, December 13, 2016

USCIS Message: Guidance for N-400 Applicants

From USCIS:

Dear Stakeholder:

Starting December 23, 2016, applicants must use only the 12/23/16 edition of Form N-400, Application for Naturalization. USCIS will reject earlier versions of the form after that date. Applications postmarked or filed on or after Dec. 23 must also include the new fees or USCIS will not be able to accept them.

Special Note for Applicants at Group Processing Events

For applicants who received help completing their Form N-400 at an immigration group processing event (such as a citizenship workshop or fair), the sponsoring organization must provide its name, address, and contact information in Part 14 (for interpreters) and Part 15 (for preparers).

The sponsoring organization must also type or write the name of the organization representative who was responsible for managing the event, and the representative must sign and date the completed Form N-400.

The representative’s signature must be handwritten (a photocopy of an original handwritten signature is acceptable, but a stamped signature is not acceptable). USCIS will no longer accept stamps or stickers in the preparer and interpreter sections.

The representative may be required to later provide additional information or answer questions about the event and procedures.

For information on how to complete the revised form, visit www.uscis.gov/n-400. For eligibility requirements, refer to our Guide to Naturalization.

USCIS Announces Extension of Parole for Immediate Relatives of U.S. Citizens

From USCIS:

CNMI — To allow immediate relatives of U.S. citizens and certain “stateless” individuals to maintain legal status in the CNMI, U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives, effective immediately, until December 31, 2018.
To apply for extension of this parole, you must:

Reside in the CNMI;
Be an immediate relative, which for purposes of this parole program means you are the legal spouse, unmarried child under 21, or parent (regardless of the age of your child) of a U.S. citizen; and
Have been previously granted parole.

Your request for extension of parole must include:

A letter from you, the immediate relative (or from the U.S. citizen family member if the immediate relative is a child who is too young to complete the parole request package). The letter must:
- Ask for an extension of parole;
- Explain under what relationship you are requesting this parole (such as parent, spouse, child); and
- Note whether you have been arrested or convicted of any crime since your last request.
Form G-325, Biographic Information, that you completed within the past 30 days
A copy of your I-94;
A copy of any Employment Authorization Document (EAD) that you received; and
A copy of your passport (only if a new one was issued since you last applied for parole).

There is no fee for this extension request. We recommend that you keep a copy of all documents. Seal all the above items in one envelope and clearly write on the outside of the envelope:

Your name;
“PAROLE EXTENSION FOR IR of USC”; and
The expiration date of your current parole.

You can make an appointment for your parole extension request at the USCIS office on Saipan, or you can mail your request to:
DHS-USCIS
ATTN: PAROLE EXTENSION – CNMI
770 East Sunset Boulevard, Suite 185
Barrigada, Guam 96913
This parole extension will allow the immediate relative to lawfully remain with the U.S. citizen in the CNMI, but parole does not authorize employment. Immediate relatives must, as before, obtain an EAD by submitting Form I-765, Application for Employment Authorization, or obtain work authorization as a CW-1 CNMI-Only Transitional Worker or in another employment-based nonimmigrant status under federal immigration law.
This announcement does not extend to anyone other than the immediate relatives of U.S. citizens and certain “stateless” individuals. USCIS may grant parole on a case-by-case basis based on the individual circumstances and has exercised parole authority on a case-by-case basis in the CNMI since 2009 for special situations.
USCIS is the agency within the Department of Homeland Security that is responsible for immigration benefits.

- USCIS -