John Q Khosravi Law Firm
Please contact our office for more information:
John Q. Khosravi Immigration Law Firm (JQK Law Firm)
Phone: (310) 582-5904; (818) 934-1561
Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.
Saturday, January 30, 2016
Friday, January 29, 2016
If you have a United States passport expiring any time in 2016, the State Department has a message for you: Renew it now.
The department anticipates a surge in passport demand throughout this year, and officials hope to avoid a crush that could leave some Americans fuming in frustration with no passport in hand on the day they planned to travel outside the country.
Officials are expecting a flood of renewals of 10-year passports issued in 2006 and 2007. The latter was the year when the Western Hemisphere Travel Initiative went into effect, for the first time requiring passports for Americans returning by air from Mexico, Canada, the Caribbean and Bermuda. As millions of citizens scrambled to apply for their first passports, backlogs swelled and many were stranded.
Read more at NYTimes.com
Monday, January 25, 2016
From the U.S State Department:
The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than a million passengers arriving to the United States every day and is committed to facilitating legitimate travel while maintaining the highest standards of security and border protection. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):
These individuals will still be able to apply for a visa using the regular immigration process at our embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to process applications on an expedited basis.
Beginning January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their current ESTAs revoked.
Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:
Again, whether ESTA applicants will receive a waiver will be determined on a case-by-case basis, consistent with the terms of the law. In addition, we will continue to explore whether and how the waivers can be used for dual nationals of Iraq, Syria, Iran and Sudan.
Any traveler who receives notification that they are no longer eligible to travel under the VWP are still eligible to travel to the United States with a valid nonimmigrant visa issued by a U.S. embassy or consulate. Such travelers will be required to appear for an interview and obtain a visa in their passports at a U.S. embassy or consulate before traveling to the United States.
The new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected by the legislation.
An updated ESTA application with additional questions is scheduled to be released in late February 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act.
Information on visa applications can be found at travel.state.gov.
Current ESTA holders are encouraged to check their ESTA status prior to travel on CBP’s website atesta.cbp.dhs.gov.
Secretary of Homeland Security Jeh Johnson has redesignated South Sudan for Temporary Protected Status (TPS) and extended the existing TPS designation for that country from May 3, 2016, through November 2, 2017, due to the ongoing armed conflict and extraordinary and temporary conditions in South Sudan that prevent its nationals from safely returning. These actions will allow eligible nationals of South Sudan (or persons without nationality who last habitually resided in South Sudan) to register or re-register for TPS in accordance with the notice published today in the Federal Register.
Friday, January 22, 2016
Thursday, January 21, 2016
The initial EB-5 Petition Form I-526 processing times increased dramatically by almost 3 months!
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)
15.5 months (2.7 months increase from previous month!)
Form I-829 (Petition by Entrepreneur to Remove Conditions)
15.7 months (.1 decrease from previous month)
Form I-924 (Application for Regional Center)
7.9 (No Change)
For other USCIS Processing times, Please visit:https://egov.uscis.gov/cris/processTimesDisplayInit.do
Friday, January 15, 2016
DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants, Final Rule Posted
The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
This final rule, posted to the Federal Register today and effective on , revises regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3); the immigrant classification for employment-based first preference (EB-1) outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.
Specifically, this final rule amends DHS regulations as described below:
- DHS is including H-1B1 and principal E-3 classifications in the list of classes of foreign nationals authorized for employment incident to status with a specific employer. This means that H-1B1 and principal E-3 nonimmigrants are allowed to work for the sponsoring employer without having to separately apply for employment authorization.
- DHS is authorizing continued employment with the same employer for up to 240 days for H-1B1 and principal E-3 nonimmigrants whose status has expired while their employer’s timely filed extension of stay request remains pending.
- DHS is providing this same continued employment authorization for CW-1 nonimmigrants whose status has expired while their employer’s timely filed Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, request for an extension of stay remains pending.
- Existing regulations on the filing procedures for extensions of stay and change of status requests now include principal E-3 and H-1B1 nonimmigrant classifications.
- Employers petitioning for EB-1 outstanding professors and researchers may now submit initial evidence comparable to the other forms of evidence already listed in 8 CFR 204.5(i)(3)(i), much like certain employment-based immigrant categories that already allow for submission of comparable evidence.
This final rule does not impose any additional costs on employers, workers or any governmental entity. Further, changing the employment authorization regulations for H-1B1 and E-3 nonimmigrants makes them consistent with other similarly situated nonimmigrant worker classifications. Additionally, this rule minimizes the potential of employment disruptions for U.S. employers of H-1B1, E-3 and CW-1 nonimmigrant workers. Finally, DHS expects that this change will help U.S. employers recruit EB-1 outstanding professors and researchers by expanding the range of evidence that U.S. employers may provide to support their petitions.
“We constantly strive to improve our processes and ensure fair and consistent access to immigration benefits,” U.S. Citizenship and Immigration Services Director León Rodríguez said. “This Enhancing Opportunities rule removes unnecessary hurdles that place workers at a disadvantage and will be beneficial to both employers and their workers.”
For more information on USCIS and its programs or about this rule, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.
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Tuesday, January 12, 2016
Monday, January 11, 2016
Friday, January 8, 2016
Friday, January 1, 2016
Thank you to the American Society of Legal Advocates for choosing me as one the top 40 immigration lawyers under the age of 40!