USCIS Issuing Workload Transfers for Petitions & Applications

USCIS recently made two operational changes to balance our overall workload.

Workload Realignment

USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.

If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change and this will not delay the processing of your cases except for the additional time needed to transfer the file.

Effective March 27, 2015, USCIS will transfer the adjudication of some cases to balance our overall workload. The affected cases include those filed with the following forms:

• I-129F, Petition for Alien Fiancé(e)
• I-140, Immigrant Petition for Alien Worker
• I-485, Application to Register Permanent Residence or Adjust Status (employment and asylum-based only)
• I-821D/I-765, Consideration of Deferred Action for Childhood Arrivals/ Application for Employment Authorization (initial and renewal requests)

The filing location and instructions for these forms will not change. Please continue to file the forms at the address noted 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...(More)

Photo by Alexandre Duret-Lutz

DHS Releases Latest Trends and Numbers of International Students in the USA - 2015

• There are currently 1.13 million F & M students studying in the United States. 

• There are currently 200,799 J-1 exchange visitors in the United States. 

• There are 8,979 U.S. schools certified by SEVP to enroll international students. 

• Seventy-six percent of SEVP-certified schools have 50 or less enrolled F & M students. 

• Seventy-three percent of all F & M students are enrolled in bachelor’s, master’s or doctoral programs. 

• There are 414,613 F & M students studying science, technology, engineering and mathematics (STEM) fields in the United States. 

• Thirty-three percent of all F & M STEM students are female. 

• Ninety-one percent of all active F & M students in computer and information sciences and support services are from Asian nations. 

TRENDS 

• Compared to February 2010, the total number of active female F & M STEM students studying in the United States increased 68 percent, from 76,638 students in 2010 to 128,807 students in 2015. 

• Compared to February 2010, the total number of active female F & M STEM students studying at schools in Delaware and Washington increased more than 120 percent. 

• Compared to February 2010, the total number of active female F & M STEM students studying in engineering technologies and engineering-related fields programs increased by 215 percent. 

To see more of the recently released information, please visit: StudyInTheState.DHS.Gov

Photo by Matylda Czarnecka

L-1B Adjudications Policy Update Released (Specialized Knowledge Intracompany Transfer)

Policy Memorandum SUBJECT: L-1B Adjudications Policy Purpose This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. It provides consolidated and authoritative guidance on the L-1B program, superseding and rescinding certain prior L-1B memoranda. USCIS is issuing this memorandum for public review and feedback. Upon final publication, the memorandum will update chapter 32.6(e) of the Adjudicator’s Field Manual (AFM)...click here for entire policy memorandum.

H-1B Filing Season to Begin April 1, 2015

U.S. businesses use the H-1B visa program to employ foreign workers in specialty occupations that require the theoretical or practical application of a body of highly specialized knowledge, including but not limited to: scientists, engineers, or computer programmers.

When to File an FY 2016 H-1B Cap-Subject Petition

USCIS will begin accepting H-1B petitions that are subject to the FY 2016 cap on April 1, 2015. You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary...(read more on USCIS)

CBP Tour of LAX

Today, March 24, 2015, the U.S. Customs and Border Protection (CBP) provided tours of the Los Angeles Airport (LAX) facilities and the activities of CBP at one of the worlds largest airports. 

The tour was provided to Immigration Attorney members of the Los Angeles County Bar Association (LACBA) and members of the Southern California Chapter of the American Immigration Lawyers Association (AILA).

The JQK Law Firm would like to give a special thanks to Chief CBP Officer Russell House and the rest of the LAX CBP Staff for their great service in protecting the U.S. Homeland and helping U.S. visitors and U.S. persons entering and exiting the U.S. 

USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

Release Date: March 12, 2015

Petitioners are Reminded to Follow Regulatory Requirements

WASHINGTON – On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April.

Read more (USCIS)...

Happy Persian New Year from the JQK Law Firm

   by  Casey Hugelfink 

Chinese account for over 80 percent of U.S. investment visa applications

Mainland Chinese account for over 80 percent of people awaiting visas that bestow U.S. citizenship in return for investment, showed findings by real estate services firm Savills Studley, who said the trend is pushing up demand for commercial property.

A rising number of Chinese are applying for EB-5 visas, where non-citizens put at least $500,000 into a business in the United States, as they seek to park their wealth offshore - in part to escape the impact of an anti-corruption drive at home...(Reuters)

US Immigration Department denying more L-1B visas for 'specialized' foreign workers

Foreign employees of U.S. companies are having a harder time getting into the country under a specialized visa category, according to a report being released Wednesday.

About 35% of petitions by American companies to bring to the U.S. employees working overseas who have a "specialized knowledge" in their fields were denied in 2014 by U.S. Citizenship and Immigration Services, the fourth straight year that figure has risen. The denial rate for those visas, known as L-1B visas, was as low as 6% in 2006, according to the report from the National Foundation for American Policy, an immigration advocacy group.

The biggest increase in denials affected Indian nationals trying to get into the USA. Applications for Indians were denied 56% of the time, compared with 22% for Chinese, 21% for Mexicans and 19% for French, according to data obtained by the foundation through a Freedom of Information Act request...(USA Today)

USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended

Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice. 

Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the U.S. District Court for the Northern District of Florida in Perez v. Perez until April 15.  That order vacated DOL's H-2B regulations on the grounds that DOL had no authority under the Immigration and Nationality Act to issue them. 

DHS suspended H-2B adjudications while it reviewed the decision. As stated in the motion, DHS will resume adjudicating H-2B petitions based on temporary labor certifications issued by the Department of Labor. 

To fill the regulatory gap, DOL and DHS announced on Friday, March 13, that they intend to issue a joint interim final rule by April 30, 2015. 

Source: USCIS

USCIS Issues General Tips for EB-5 Evidence

On March 10, 2015, the US Citizenship and Immigration Service (USCIS) Issued General Tips for Evidence for documentation included with EB-5 Petitions. This information was provided after an official teleconference with the EB-5 Division of USCIS and Attorney Stakeholders. For more thorough information, contact an immigration with experience filing an EB-5 Petition:

General Tips for Evidence

• Inconsistencies in documents: There may be legitimate reasons for inconsistencies. For example, the dimensions listed on pre-construction contracts for house purchases may vary from the actual dimensions shown on other documents. When submitting documents, providing explanations and evidence to reconcile inconsistencies will greatly reduce the chances of a Request for Evidence (RFE).
   
• Unavailability of documents: Whenever possible, explain and provide evidence of the reason why a particular document is not available. For example, if claiming that proof of prior employment is unavailable because a company no longer exists, submit evidence that the company has been dissolved.
   
• Probative value of evidence: “Probative value” refers to whether a document proves or supports a claim/eligibility requirement. So, for example, income tax returns from the government would have greater probative value and credibility than a letter from a family member or a friend as proof of income to show lawful source of funds.
   
• Incomplete translations: USCIS requires complete English translations of all foreign language documents submitted as evidence. Ensuring that foreign language documents are translated in their entirety before submitting them will reduce the chances of an RFE or Request for Clarification. 

Source: USCIS

JQK Immigration Law Firm

April 2014 Visa Bulletin - EB-2 China and India Times Jump Forward

This month saw great advancement in Employment-Based (EB) categories, in particular for China and India. Family-Based (FB) Immigrant Visa times were mixed, with F1 (Children and Spouses of U.S. Citizens) showing no movement, but 5-7 week moves forward for the F2 category (Children and Spouses of U.S. Green Card holders).

Overall movements have been steady. For more information, or help in obtaining an Immigrant Visa or Green Card, please contact the JQK Law Firm.

Servicio Legal Gratuito para Inmigrantes y Residentes

Servicio Legal Gratuito para Inmigrantes y Residentes

EN LOS ANGELES la Iglesia Luterana El Maestro inauguró la Clínica Legal Comunitaria, servicio de asesoría legal gratuita, especializada en derecho civil y asuntos de inmigración.

Una decisión informada

Desde hace dos meses, la Iglesia Luterana El Maestro, inauguró la Clínica Legal Comunitaria, su propósito es proporcionar información legal referente a los procesos de derecho civil y asuntos de inmigración.

El servicio es sin costo. La Clínica Legal Comunitaria, cuenta con dos abogados, Juan Khosravi y Parviz Malakouti, ambos están dispuestos a absolver las inquietudes jurídicas de quienes concurran a la clínica. “Queremos que asistan todas las personas que necesiten ayuda legal. La intención es brindar un servicio legal en nuestras instalaciones”, expresa el Reverendo Ioan Ittu, Pastor de la Iglesia Luterana El Maestro.

Cada asistente a la clínica goza de una sesión privada de 20 minutos. La atención es sin cita y está disponible el primer y tercer miércoles de cada mes. El horario de atención es de 18:30 a 20:30 horas en la Iglesia Luterana El Maestro. Temas de  derecho penal no se abordan en la clínica.

Las consultas pueden realizarse en los idiomas de inglés, francés, farsi y español con la confidencialidad que amerita. Para el Pastor, Ioan Ittu, lo más importante es que los asistentes a la Clínica Legal Comunitaria obtengan una opinión profesional sobre su situación legal antes de proceder a otra instancia.

CLÍNICA LEGAL COMUNITARIA

Iglesia Luterana El Maestro Dirección:

10931 Santa Mónica Blvd. 

Los Ángeles, CA 90025.

Atención: 1er y 3er miércoles de cada mes.

Horario: 18:30 - 20:30 horas.

http://lutheran.churchofthemaster.org/

www.facebook.com/lcmwestla?fref=ts

_______________________________

POR CARLOS VALERA, www.linkedin.com/in/valeracarlos/

UPDATE* EB-5 Processing Times INCREASE! - April 2015

   by  Vincent_AF 

The processing times for EB-5 Investor Immigrant Applications have remained the same from last months estimates saw more increases, in particular the I-829 Removal of Conditions.The continuous increase in the amount of time it has been taken a toll on participants in this program.

Despite sensationalized stories on the news and some reports, the EB-5 Program is not a simple "Cash for Green Card" program. The delayed processing times alone illustrate this fact. Moreover, the investor must be their investment completely "at risk". Which means they can lost it all! Every penny of the investment amount must be traced to its original sources, sometimes decades in the past. Finally, USCIS is very strict on the job creation requirement.

The current processing times are as follows:

• Form I-526 (Immigrant Petition by Alien Entrepreneur)
• 14 months (No Change) - UPDATE: 14.2, Increase of .2 months.
• Form I-829 (Petition by Entrepreneur to Remove Conditions) 
• 11.4 months (No Change) - UPDATE: 12.3 months, Increase of 1.9 months!
• Form I-924 (Application for Regional Center)
• 11.1 months (No Change) - UPDATE: 11.7, Increase of .8 months.

Source: USCIS