Monday, February 29, 2016
Monday, February 22, 2016
USCIS Updated Edition - Form N-565, Application for Replacement Naturalization/Citizenship Document
From USCIS:
Dear Stakeholder,
On Feb. 5, we published an updated edition of Form N-565, Application for Replacement Naturalization/Citizenship Document. The new edition is dated 05/07/15.
Starting April 5, 2016, we will only accept the 05/07/15 edition. Previous editions will no longer be accepted.Customers may continue to use the 02/28/13 edition or previous editions until April 5, 2016.
We have also added a new attestation section to Form N-565. This language appears in the section of the form entitled, “Applicant’s/Petitioner’s Statement, Contact Information, Acknowledgement of Appointment at USCIS Application Support Center, Certification, and Signature.” Applicants will also see similar language when they come to their biometric appointments.
We are incorporating this language in the biometric appointment notices to remind applicants that they certified under penalty of perjury at the time of filing that the content of their form was complete, true and correct. By appearing at an Application Support Center, applicants are re-affirming that the content of their form was complete, true and correct at the time of filing.
The procedure and process to capture biometrics will not change. We will continue to use biometric machines to capture digital fingerprints, a digital photograph and a digital image of the applicant’s signature.
For more information on USCIS and its programs, please visit uscis.gov. Follow us on Twitter (@uscis), Facebook (/uscis), YouTube (/uscis) and the USCIS blog The Beacon.
Kind Regards,
USCIS Public Engagement Division
Friday, February 19, 2016
H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016
From USCIS:
H-2B Employers Urged to Identify Returning Workers when Filing Petitions
Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).
A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means:
- In general, if you (the employer) submit a petition requesting an employment start date in FY 2016 (from October 1, 2015 – September 30, 2016) for an H-2B worker, the H-2B worker can only be considered a returning worker if he or she had been previously issued an H-2B visa or provided H-2B status between October 1, 2012, and September 30, 2015.
- If the prospective worker is in the United States in H-2B status, and is seeking to extend his or her stay, change employers, or change the terms and conditions of employment, then the worker would not be counted toward the H-2B cap and you would not need to request that the person be classified as a returning worker.
- Any prospective H-2B worker who does not qualify as a returning worker will be subject to the FY 2016 H-2B cap unless he or she has previously been counted toward the H-2B cap or is cap-exempt.
Under this legislation, the returning worker program only applies to petitions pending or approved on or after December 18, 2015, requesting named H-2B workers with an employment start date beginning in FY 2016.
Filing Requirements
In addition to the current rules regarding the filing and processing of the Form I-129, Petition for a Nonimmigrant Worker, the following additional requirements are applicable for H-2B returning workers:
- Certification: In the petition, you (the employer) must complete and include the H-2B Returning Worker Certification. This certification must be signed by the same person who signed Part 7 of Form I-129. The certification states: “As a supplement to the certification made on the attached Form I-129, Petition for a Nonimmigrant Worker, I further certify that the workers listed below have been issued an H-2B visa or changed to H-2B status during one of the last three (3) fiscal years.”
- Named Workers: The H-2B Returning Worker Certification must include the full name of the returning worker. If the returning worker is in the United States and you are petitioning to change his or her status to H-2B, then it may be in your interest to include evidence of previous H-2B admissions, such as a copy of the worker’s visa, to prevent processing delays.
- Multiple Workers: A single petition may be filed on behalf of more than one worker. However, any returning workers must be listed on the H-2B Returning Worker Certification. For multiple named workers, “Attachment 1” to Form I-129 (pages 35 and 36) must also be completed and included. It is recommended that petitions for returning workers be filed separately from petitions for new H-2B workers.
- If the petition is approved: The U.S. Consulate may deny a visa or a U.S. Customs and Border Protection (CBP) port inspector may refuse admission if workers cannot be confirmed as returning workers, or are otherwise ineligible for admission or visa issuance. DHS and Department of State will work together to confirm that all certified returning workers qualify for the program.
Petitioners: You may request to designate H-2B workers as returning workers if you named beneficiaries who meet the definition of returning workers on an H-2B petition that was pending or approved on or after December 18, 2015, but did not include the required certification. Submit the H-2B Returning Worker Certification with a copy of your Form I-797 receipt notice to the address where you filed the petition no later than March 4, 2016. Write “Attn: H-2B Supervisor” on the envelope. This certification must meet the signature and named worker requirements listed above.
Each petition must include a temporary labor certification (TLC) from the Department of Labor (DOL). The process for TLCs is described on the DOL website at http://www.dol.gov/index.htm. USCIS will accept a copy of the TLC in those cases where the original TLC has previously been accepted by USCIS.
For more information about the H-2B work program, visit our website at http://www.uscis.gov/h-2b or call the National Customer Service Center at 1-800-375-5283.
Visa-Waiver Limits Expanded To Libya, Somalia, Yemen
Citizens of Libya , Somalia , and Yemen and anyone who traveled through those countries since 2011 will need a visa to enter the USA, the Department of Homeland Security announced Thursday.
The new additions expand to seven the list of countries in the Middle East and North Africa under closer scrutiny since December when Congress ordered new restrictions for citizens of Syria , Iran, Iraq and Sudan, or travelers who recently visited those countries.
The restrictions apply to travelers to the U.S. who transit through the 38 countries – mostly in Europe – where the U.S. does not require visas. Congress intended the requirements to prevent citizens of terror hot-spots, or people who had traveled to those countries recently, from unfettered travel to the U.S.
Read more: http://www.usatoday.com/story/news/2016/02/18/dhs-adds-scrutiny-travelers-libya-somalia-and-yemen/80552936/
NVC Launches New EB-5 Investor Assistance Desk Email Box
Beginning on Monday, Feb. 22, 2016, EB-5 investors with approved I-526 petitions will be able to contact the National Visa Center’s (NVC) newly created EB-5 Investor Assistance Desk. Customers with visa processing questions can send their inquiries to the following email address: NVCeb5@state.gov. Inquiries will be answered by a team of professionals at the NVC specially trained in EB-5 investor petitions. Customers with questions on derivative applicants will need to attach documents that prove the derivative’s relationship to the primary applicant.
- See more at: http://www.natlawreview.com/article/nvc-launches-new-eb-5-investor-assistance-desk-email-box#sthash.BifdN0yH.dpuf
Wednesday, February 17, 2016
Great New Client Review on Yelp!
"John Khosravi is reliable, honest, and trustworthy. I have engaged his services a few times over the past couple of years and he has performed top quality services every time. The first time I worked with John, I expressed the challenges that I was facing, in particular, I wasn't sure how to navigate the situation that I was dealing with. John assured me that he would walk me through the entire process such that I understood exactly what was happening each step of the way. He took the time to explain all of the legal documents, and gave me the opportunity to reflect and share with him my thoughts about the choices that needed to be made. He acted as my trusted advisor and pretty soon, I was engaging him for a second and third case. Through the work that he does, John demonstrates his commitment to customer services and places his clients as his top priority. He is focused on developing a trusting relationship, while delivering quick and quality services. I highly recommend John!"
Thanks Shirin (on Yelp)!
Tuesday, February 16, 2016
New Form I-140 Published
USCIS published an updated edition of Form I-140, Immigrant Petition for Alien Worker.
The new edition is dated 11/20/15. (Starting 04/16/16, USCIS will only accept the 11/20/15 edition. Until then, you can use the 03/05/15 and 10/15/15 editions. The edition date appears at the bottom of each page of the form and instructions.)
Sunday, February 14, 2016
EB-5 & Other USCIS Timelines For February 2016
EB-5 processing times are continuing to increase due to the number of applications that were submitted in the second half of 2015.
Form I-526 (Immigrant Petition by Alien Entrepreneur)
Form I-829 (Petition by Entrepreneur to Remove Conditions)
Form I-924 (Application for Regional Center)
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 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.
Wednesday, February 10, 2016
US Senate hears bill to improve artist visas
From: http://slippedisc.com/2016/02/us-senate-hears-bill-to-improve-artist-visas/
Today brings important policy news for orchestras that engage artists from
across the globe to partner with U.S. musicians in concerts, education
programs, and the development of new artistic works. Legislation to make
the artist visa process more reliable and affordable was introduced in the U.S.
Senate today by Sen. Orrin Hatch (R-UT) and Sen. Patrick Leahy (D-VT). The Arts
Require Timely Service (ARTS) Act, S. 2510, would improve opportunities for
international cultural activity by ensuring that U.S. Citizenship and
Immigration Services (USCIS) processes artist visas on time.
Orchestras and other
nonprofit performing arts organizations must apply for an O or P Visa when
engaging international artists for performances. While USCIS pledged in 2010 to process these visas within the timeframe
required under current law, applications for artists undergo long delays and
extreme inconsistency by USCIS, often forcing nonprofit U.S. arts organizations
to pay for unaffordable expedited processing, or risk cancelling scheduled
performers. Under the ARTS Act, USCIS would be required to provide expedited
processing free-of-charge if a visa petition filed by, or on behalf of, a U.S.
nonprofit arts organization is not processed on time.
- See more at: http://slippedisc.com/2016/02/us-senate-hears-bill-to-improve-artist-visas/#sthash.AbhGLHZ1.dpuf
Tuesday, February 9, 2016
Friday, February 5, 2016
Happy Chinese New Year - Year of the Monkey
Wishing you and your family's a happy, healthy and prosperous Year of the Monkey.
Best wishes,
John Khosravi, JQK Immigration Law Firm
H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016
From USCIS
H-2B Employers Urged to Identify Returning Workers when Filing Petitions
Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).
A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means:
- In general, if you (the employer) submit a petition requesting an employment start date in FY 2016 (from October 1, 2015 – September 30, 2016) for an H-2B worker, the H-2B worker can only be considered a returning worker if he or she had been previously issued an H-2B visa or provided H-2B status between October 1, 2012, and September 30, 2015.
- If the prospective worker is in the United States in H-2B status, and is seeking to extend his or her stay, change employers, or change the terms and conditions of employment, then the worker would not be counted toward the H-2B cap and you would not need to request that the person be classified as a returning worker.
- Any prospective H-2B worker who does not qualify as a returning worker will be subject to the FY 2016 H-2B cap unless he or she has previously been counted toward the H-2B cap or is cap-exempt.
Under this legislation, the returning worker program only applies to petitions pending or approved on or after December 18, 2015, requesting named H-2B workers with an employment start date beginning in FY 2016.
Filing Requirements
In addition to the current rules regarding the filing and processing of the Form I-129, Petition for a Nonimmigrant Worker,the following additional requirements are applicable for H-2B returning workers:
- Certification: In the petition, you (the employer) must complete and include the H-2B Returning Worker Certification. This certification must be signed by the same person who signed Part 7 of Form I-129. The certification states: “As a supplement to the certification made on the attached Form I-129, Petition for a Nonimmigrant Worker, I further certify that the workers listed below have been issued an H-2B visa or changed to H-2B status during one of the last three (3) fiscal years.”
- Named Workers: The H-2B Returning Worker Certification must include the full name of the returning worker. If the returning worker is in the United States and you are petitioning to change his or her status to H-2B, then it may be in your interest to include evidence of previous H-2B admissions, such as a copy of the worker’s visa, to prevent processing delays.
- Multiple Workers: A single petition may be filed on behalf of more than one worker. However, any returning workers must be listed on the H-2B Returning Worker Certification. For multiple named workers, “Attachment 1” to Form I-129 (pages 35 and 36) must also be completed and It is recommended that petitions for returning workers be filed separately from petitions for new H-2B workers.
- If the petition is approved: The U.S. Consulate may deny a visa or a U.S. Customs and Border Protection (CBP) port inspector may refuse admission if workers cannot be confirmed as returning workers, or are otherwise ineligible for admission or visa issuance. DHS and Department of State will work together to confirm that all certified returning workers qualify for the program.
Petitioners: You may request to designate H-2B workers as returning workers if you named beneficiaries who meet the definition of returning workers on an H-2B petition that was pending or approved on or after December 18, 2015, but did not include the required certification. Submit the H-2B Returning Worker Certification with a copy of your Form I-797 receipt notice to the address where you filed the petition no later than March 4, 2016. Write “Attn: H-2B Supervisor” on the envelope. This certification must meet the signature and named worker requirements listed above.
Each petition must include a temporary labor certification (TLC) from the Department of Labor (DOL). The process for TLCs is described on the DOL website at http://www.dol.gov/index.htm. USCIS will accept a copy of the TLC in those cases where the original TLC has previously been accepted by USCIS.
For more information about the H-2B work program, visit our website at http://www.uscis.gov/h-2b or call the National Customer Service Center at 1-800-375-5283.
John Khosravi @ Southwestern Law school
 |
| At Southwestern Law School "Bar Organization Day" representing the Southern California Chapter of the American Immigration Lawyers Association (AILA) |
USCIS Processing Delays for H-1B Extensions Continue
As many have noticed, the processing of H-1B extensions at the California Service Center and Vermont Service Center continue to be extremely slow, and the backlog is causing significant hardships for those affected individuals. While the exact reason for the backlog has not given, USCIS has reported that there has been a noticeable increase in H-1B filings, including Simeo filings, and premium processing filings. USCIS further announced that it is working to address the issue. Unfortunately, no specific timeframe was provided as to by when the issue will be resolved.
From JDSupra.com
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