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.

Tuesday, November 21, 2017

Trump administration starts push to officially rescind ‘startup visa’ rule

http://www.sfchronicle.com/business/amp/Trump-administration-starts-push-to-officially-12370353.php

Trump Administration Tightens Scrutiny of Skilled Worker Visa Applicants

https://www.wsj.com/articles/trump-administration-tightens-scrutiny-of-skilled-worker-visa-applicants-1511114338#ampshare=https://www.wsj.com/articles/trump-administration-tightens-scrutiny-of-skilled-worker-visa-applicants-1511114338

It's not just anecdotal: the U.S. is rejecting more and more visa requests from Russians

https://meduza.io/en/news/2017/11/17/it-s-not-just-anecdotal-the-u-s-is-rejecting-more-and-more-visa-requests-from-russians

As CNMI Transitional Worker Program Draws Down, USCIS Announces Cap for Final Three Fiscal Years

From USCIS:

WASHINGTON— Today, U.S. Citizenship and Immigration Services (USCIS) announced the number ofvisas the agency will grant for the last three fiscal years (FYs) of the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. Congress previously mandated thatUSCIS end the program by reducing the number of workers in the program to zero by Dec. 31, 2019.
Under the CW-1 program, employers in the CNMI can apply for permission to employ foreign workers who are ineligible to work in the territory under other nonimmigrant worker categories. The intent of phasing out this foreign worker program is to encourage the territory’s transition into the U.S. immigration system, as well as to bolster recruitment of U.S. workers in the CNMI.
The table below provides the cap for FY 2018, FY 2019 and FY 2020 until the end of the program:
Fiscal Year (FY)
Cap
FY 2018
9,998
FY 2019
4,999
FY 2020 (until Dec. 31, 2019)
2,499
USCIS announced in May that the agency received a sufficient number of petitions to reach the maximum possible CW-1 cap for FY 2018. April 11, 2017, was the last day that USCIS accepted FY 2018 CW-1 petitions requesting an employment start date before Oct. 1, 2018. USCIS encourages employers to file petitions for CW-1 workers as early as possible within 6 months of the requested employment start date. Please note, however, that USCIS will reject a petition if it is filed more than six months in advance.
For more information about the CW-1 worker program, visit the CW-1: CNMI-Only Transitional Worker page or call the National Customer Service Center at 1-800-375-5283.


Wednesday, November 15, 2017

New Visa Bulletin for December 2017

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-december-2017.html

USCIS: Status of the Central American Minors Program

From USCIS:

On Nov. 9, 2017, the Department of State stopped accepting new applications for the Central American Minors (CAM) refugee program. USCIS will stop interviewing CAM cases on Jan. 31, 2018. After that date, individuals with pending applications who have not been interviewed will receive a notice with further instructions.
The decision to terminate the CAM refugee program was made as part of the U.S. government review of the U.S. Refugee Admissions Program for FY 2018.
The CAM program was established in 2014 to provide certain minors in El Salvador, Guatemala, and Honduras the opportunity to be considered, while still in their home country, for refugee resettlement in the United States. Individuals who were determined to be ineligible for refugee status were then considered by USCIS for the possibility of entering the United States under parole. The parole portion of the CAM program was terminated in August 2017. 
Please visit the Department of State’s website for more information.

Monday, November 13, 2017

USCIS Form I-102 Updated

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):
11/13/2017 12:00 AM EST

New edition dated 10/19/17. Starting 01/12/2018, we will only accept the 10/19/17 edition. Until then, you can use the 12/23/16 edition. 
For more information, please visit our Forms Updates page.

More Jurisdictions To Provide Legal Defense For Immigrants At Risk Of Deportation

https://www.npr.org/sections/thetwo-way/2017/11/12/563557712/more-jurisdictions-to-provide-legal-defense-for-immigrants-at-risk-of-deportatio

Immigrants waiting longer for US citizenship as backlog builds

https://www.scpr.org/news/2017/11/10/77606/immigrants-waiting-longer-for-us-citizenship-as-ba/

US Approves 3,500 More Visas For Afghans Who Helped Troops

http://www.tolonews.com/afghanistan/us-approves-3500-more-visas-afghans-who-helped-troops

Fraud Waiver Improperly Denied By Board Of Immigration Appeals Says The Seventh Circuit

https://www.floridaimmigrationlawyerblog.com/amp/2017/11/fraud-waiver-improperly-denied-board-immigration-appeals-says-seventh-circuit.html

Thursday, November 9, 2017

USCIS Memo on Functional Managers

From USCIS:

The following Immigration Policy Memorandum is now available in the Policy Memoranda section of the USCIS website
Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations.

Tuesday, November 7, 2017

USCIS Form I-693 Update

Good afternoon,
We recently updated the following USCIS form(s):
11/03/2017 12:00 AM EDT

Update to Form I-693, Report of Medical Examination and Vaccination Record
For more information, please visit our Forms Updates page.

Wednesday, November 1, 2017

Donald Trump Calls for Immediate End to ‘Diversity Visa’ Program That Admitted New York Terror Suspect to U.S.

http://www.breitbart.com/big-government/2017/11/01/donald-trump-calls-immediate-end-diversity-visa-program-admitted-new-york-terror-suspect-u-s/

USCIS Sued Over EB-5 Delay On $747M Calif. Solar Project

https://www.law360.com/environmental/articles/980433/uscis-sued-over-eb-5-delay-on-747m-calif-solar-project

Groundbreaking for USCIS consolidated headquarters in Maryland

https://federalnewsradio.com/facilities-construction/2017/10/groundbreaking-for-uscis-consolidated-headquarters-in-maryland/slide/1/

Grassley Asks DHS To Cut Immigration Protection Program

https://www.law360.com/immigration/articles/980255/grassley-asks-dhs-to-cut-immigration-protection-program?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Ga. Justices Say Counsel Effective Despite Plea’s Impact

https://www.law360.com/immigration/articles/979758/ga-justices-say-counsel-effective-despite-plea-s-impact?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Tuesday, October 31, 2017

USCIS Form I-821 Updated


USCIS Policy Memo: Revised Guidance for Processing Cases Subject to Terrorism-Related Inadmissibility Grounds and Rescission of the Prior Hold Policy for Such Cases


https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/2017-1019-Rescission-of-TRIG-Hold-Policy-PM-602-0150.pdf

Immigrant Soldiers Win Pause Of Rules Blocking Citizenship

https://www.law360.com/immigration/articles/979372/immigrant-soldiers-win-pause-of-rules-blocking-citizenship?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Justices Won't Hear Visa Denial Over Dropped Drug Charges

https://www.law360.com/immigration/articles/979524/justices-won-t-hear-visa-denial-over-dropped-drug-charges?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

NPNA Report: Building a Second Wall USCIS Backlogs Preventing Immigrants from Becoming Citizens

http://partnershipfornewamericans.org/portfolio/npna-report-building-a-second-wall-uscis-backlogs-preventing-immigrants-from-becoming-citizens/

Sunday, October 29, 2017

'New York is not a safe haven,' warns new Buffalo head of ICE

http://buffalonews.com/2017/10/28/new-york-is-not-a-safe-haven-warns-new-buffalo-head-of-ice/

EB-5 & Other USCIS Timelines For October 2017

For more information about the EB-5 program, please contact the JQK Law Firm

(310) 582-5904 or info@jqklaw.com


Form I-526 (Immigrant Petition by Alien Entrepreneur)
Processing cases as of 11/28/2015

Form I-829 (Petition by Entrepreneur to Remove Conditions) 
Processing cases as of 07/09/2015

Form I-924 (Application for Regional Center)
Processing cases as of 11/03/2015

Click here for other USCIS Processing times

Monday, October 23, 2017

USCIS Updates Policy to Ensure Petitioners Meet Burden of Proof for Nonimmigrant Worker Extension Petitions

From USCIS:

WASHINGTON — Under updated policy guidance, U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker. 
“USCIS officers are at the front lines of the administration’s efforts to enhance the integrity of the immigration system,” said USCIS Director L. Francis Cissna. “This updated guidance provides clear direction to help advance policies that protect the interests of U.S. workers.”  
As before, adjudicators must thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought. The updated guidance instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary and underlying facts are unchanged from a previously approved petition. While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner. 
The previous policy instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy.
Under the law, the burden of proof in establishing eligibility for the visa petition extension is on the petitioner, regardless of whether USCIS previously approved a petition. The adjudicator’s determination is based on the merits of each case, and officers may request additional evidence if the petitioner has not submitted sufficient evidence to establish eligibility.
Interim and final policy memos are official USCIS policy documents and are effective the date the memos are issued. 
Learn more about our Buy American, Hire American initiatives.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

ICE Enters a Private Home Without a Warrant to Detain a Man They Later Released

https://splinternews.com/ice-enters-a-private-home-without-a-warrant-to-detain-a-1819750748?utm_medium=sharefromsite&utm_source=Splinter_facebook

Applicants for the Customs and Border Protection agency keep admitting to ghastly crimes during polygraph tests

https://boingboing.net/2017/10/23/henhouse-foxes.html

Yemeni journalist invited to receive free press award denied U.S. visa

https://thinkprogress.org/afrah-nasser-visa-denied-0b16dd2e2e89/#ampshare=https://thinkprogress.org/afrah-nasser-visa-denied-0b16dd2e2e89/

DC Circ. Puts Immigrant Teen's Abortion On Hold, For Now

https://www.law360.com/immigration/articles/976697/dc-circ-puts-immigrant-teen-s-abortion-on-hold-for-now?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Tuesday, October 17, 2017

DV-2019 Technical Glitch - Resubmit

Due to a technical issue, the DV-2019 entry period that began on October 3 has been closed. Entries submitted during October 3-10 are not valid and have been excluded from the system; they will not count as a duplicate entry. The technical issue has been resolved and a new full entry period will begin at noon, U.S. Eastern Daylight Time on Wednesday October 18, 2017 and will run until noon Eastern Standard Time on Wednesday November 22, 2017. Only entries submitted during this period will be accepted and considered for selection in the lottery. Please throw away any confirmation number or other documentation that you have if you submitted an entry during Oct. 3-10.

From: https://www.dvlottery.state.gov/

Hawaii judge blocks Trump's latest travel ba

http://www.cnn.com/2017/10/17/politics/travel-ban-3-0-blocked/index.html

Thursday, October 12, 2017

Changes to Direct Filing Addresses for Form I-129 Petitions

From USCIS:


On October 12, 2017, USCIS will change the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:
  • Petitioners will now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed Form I-129 based on the beneficiary’s temporary employment or training location.
  • Petitioners located in Florida, Georgia, North Carolina and Texas will now file Form I-129 at the California Service Center. 
Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.
Please see our Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker page to determine where to file your Form I-129.

USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order

From USCIS:

USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order | USCIS
U.S. Citizenship and Immigration Services (USCIS) has posted additional data about the agency’s employment-based visa programs on its website. This new information reflects USCIS’ commitment to transparency in carrying out President Trump’s Buy American and Hire American Executive Order.
Datasets now available on the webpage include:
L-1 Datasets: The L-1 program (L-1A and L-1B) allows companies to transfer certain categories of employees from their foreign operations to their operations in the U.S.
H-1B Datasets: The H-1B program allows U.S. companies to temporarily hire foreign workers who will perform services in a specialty occupation.
H-2B Dataset: The H-2B program allows employers to hire foreign workers to fill temporary nonagricultural jobs when U. S. workers are not available. The below dataset applies to the one-time increase in H-2B visas for FY 2017.
Employment Authorization Document (EAD) Reports: EADs provide proof that certain foreign nationals are eligible to work in the United States for a specified period of time.
USCIS continues to consider a combination of rulemaking, policy memoranda, and operational changes to protect the economic interests of U.S. workers, and to prevent fraud and abuse within the immigration system.
The Buy American, Hire American webpage also includes a new USCIS policy issued to support the initiative and ways the public can report fraud and abuse in the H-1B and H-2B programs. The page also provides information on E-Verify, which is a USCIS tool available to help employers verify the work eligibility of new employees.
The data listed above and other employment-based datasets are also available at https://www.uscis.gov/tools/reports-studies/immigration-forms-data.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook(/uscis).