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.

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

Sunday, October 15, 2017

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).

Colorado Supreme Court strikes down state law banning immigrant smuggling

http://www.denverpost.com/2017/10/10/colorado-supreme-court-strikes-down-immigrant-smuggling-law/

Sunday, October 8, 2017

What is Form DS-260? Immigration Question of the Day

https://www.youtube.com/watch?v=nPhVyNAF1NU

I am a lawful permanent resident of the U.S. (Green Card holder). Do I need an eTA?

http://www.cic.gc.ca/EnGLish/helpcentre/answer.asp?qnum=1053&top=16

The Senate Has Confirmed Lee Francis Cissna as Director of USCIS

http://immigrationimpact.com/2017/10/05/senate-confirmed-cissna-uscis/

U.K. doesn't accept Wet Green Card Stamp (Form I-551)

You’ll need a visa to pass through the UK in transit

You should apply for a Visitor in Transit visa if you arrive on a flight and will pass through immigration control before you leave the UK.

Transiting without a visa

You might be eligible for ‘transit without visa’ if:
  • you arrive and depart by air
  • have a confirmed onward flight that leaves on the day you arrive or before midnight on the day after you arrive
  • have the right documents for your destination (eg a visa for that country)
One of the following must also apply:
...
  • you have a valid USA I-551 Temporary Immigrant visa issued by the USA (a wet-ink stamp version will not be accepted)

Thursday, October 5, 2017

Episode 60 of the Immigration Lawyers' Podcast Released

Episode 60 - Tragedy, SSN EAD, Visas, Rip Offs, SSN EAD, & Legal Insurance (Weekly Recap of Sep. 25 to Oct. 1, 2017)


Consult with an Attorney


Tuesday, October 3, 2017

Premium Processing Now Available for All Petitioners Seeking H-1B Visas

From USCIS:

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. 
H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application.
In addition to today’s resumption of premium processing for H-1B visa extension of stay petitions, USCIS had previously resumed premium processing for H-1B petitions subject to the annual cap, petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and certain H-1B petitions that are not subject to the cap.
For more information on how the H-1B visa program is being used, visit the Buy American, Hire American: Putting American Workers First page. This page provides data and information about the hiring practices of employers who use H-1B visas to hire foreign workers. 


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).