Short Extension of EB-4 Applications

From USCIS:

As recently announced, the employment-based fourth preference (EB-4) visa limits have been reached for fiscal year 2016 for special immigrants from El Salvador, Guatemala and Honduras. The May 2016 Department of State Visa Bulletinreflects this situation, which means that starting May 1, USCIS will no longer be able to accept Form I-485 from applicants from these countries who filed Form I-360 on or after January 1, 2010, because visas will no longer be immediately available. When the Department of State determines that visas are once again available for this category, the visa bulletin will be updated and USCIS will accept new Form I-485s accordingly. In order to accommodate filings that meet the April 2016 Visa Bulletin, the Chicago Lockbox facility, where these applications are filed, will extend its hours and continue to accept these filings until 3:30 p.m. Central time on Saturday, April 30. For more information, visit our website.

Great New Review from a Satisfied Client

USCIS Message: Processing Times

From USCIS:

Dear Stakeholder:

We are writing to address recent customer concerns about processing delays. We recognize that some cases are taking longer to complete than usual and apologize for any inconvenience that this may have caused. Current personnel resources do not align with the present caseload, but we are working to address the staffing shortages and workload issues that are causing the delays. 

We continually review our workload capacity at each service center and, based on our findings, redistribute the work among the service centers. This type of planning allows us to maximize our resources and minimize any delays when work is transfered. We have recently transferred cases between all of our service centers, including our newest center, the Potomac Service Center. This work includes all recently filed Forms I-765, Application for Employment Authorization, submitted by F-1 and M-1 students for Optional Practical Training.  For more details, you can visit our new workload transfer updates page.

While this may not reduce wait times immediately, we hope you will see improvement over the next few months. Transferring cases will assist with backlog reduction, ensure processing times are consistent across service centers, and provide our customers and stakeholders with faster responses.

Here is what you need to know if your case is transferred to another center for action: 

• Your case will be worked based on the processing times of the receiving center
• All notices and requests will come from the new center
• Please notify USCIS any time you change your address
• If you receive notice that your Green Card has been approved, please wait 120 days to receive it in the mail

Customers can access current processing times on the USCIS website at https://egov.uscis.gov/cris/processTimesDisplayInit.do.

We encourage you to sign up for an account with Case Status Online to get an email or text notification when there is an update to your status, including when your Green Card is mailed. We also encourage you to keep your address up to date to ensure that your card is delivered to your most current physical address. You can update your mailing address online atwww.uscis.gov/changeaddress.

Kind Regards,

USCIS

Immigration Lawyers Podcast Episode 13: Analysis of USCIS L-1A Function Manager Memorandum

USCIS Adopted Decision (AAO) on L-1A Intracompany Transfers

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/Matter-of_Z-A-Inc_Adopted_Decision-2016-02.pdf

Immigration Relief for Those Affected by Severe Earthquakes

From USCIS:

USCIS offers immigration relief measures for people affected by natural disasters, such as the severe earthquakes that recently occurred in Ecuador, Japan and Burma. These measures may be available upon request: * Change or extension of nonimmigrant status if you are currently in the United States, even if the request is filed after your authorized period of admission has expired; * Re-parole, if you were previously granted parole by USCIS; * Expedited processing of requests for advance parole documents; * Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; * Expedited adjudication of employment authorization applications, where appropriate; * Consideration of fee waivers due to an inability to pay; * Assistance if you received a Request for Evidence or a Notice of Intent to Deny but were unable to appear for an interview, submit evidence or respond in a timely manner because of the natural disaster; and * Replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card). If you are seeking relief because of the natural disaster, you must still file any USCIS forms regularly required for the benefit or relief you are requesting.  When filing the appropriate form(s) for your specific request, please explain how the natural disaster created a need for the requested relief.  To learn how to request these measures, call the National Customer Service Center at 800-375-5283 (TDD for the deaf and hard of hearing: 800-767-1833). For more information, visit uscis.gov/humanitarian/special-situations. Follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

New Episode of the Immigration Lawyers Podcast: Interview and Discussion with Canadian Immigration Lawyers Laurie Tannous

Fiscal Year 2017 H-1B Cap Premium Processing to Begin May 12

From USCIS:

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. USCIS first announced in a news release that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season. USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. For H-1B petitions that are not subject to the cap and for any other visa classification, the 15-day processing period for premium processing service begins on the date that USCIS receives the request. However, for cap-subject H-1B petitions, including advanced degree exemption petitions, the 15-day processing period set by 8 CFR 103.7(e)(2) will begin on May 12, 2016, regardless of the date on the Form I-797 receipt notice, which indicates the date that the premium processing fee is received. We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B FY2017 Cap Season Web page. To learn more, visit our website.

New Workload Transfer Updates Web Page

From USCIS:

USCIS has created a new Workload Transfer Updates page on our website where customers can keep track of workload transfers between our five service centers. Occasionally, we will transfer cases from one service center to another in order to balance workloads and ensure timely processing. In the past, we have issued a Web alert for each transfer. Now, the new Web page will list all of the transfers that we make as well as any additional information that customers should know about the transfer. In order to receive updates on these transfers, please subscribe to the Alerts GovDelivery distribution list. In addition to updating the new page, we will issue a GovDelivery email with each transfer and will announce each transfer through social media.

Ex-ICE attorney sentenced to prison for falsifying document in immigration case

http://discuss.ilw.com/content.php?6276-News-Ex-ICE-attorney-sentenced-to-prison-for-falsifying-document-in-immigration-case

NEW AAO L-1 Adopted Decision (Policy Memo)

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/Matter-of_Z-A-Inc_Adopted_Decision-2016-02.pdf

USCIS Will Temporarily Suspend Use of Pre-Paid Mailers for Certain H-1B Cap Subject Petitions

From USCIS:

For two weeks after premium processing resumes for H-1B cap-subject petitions, USCIS will not use pre-paid mailers to send out final notices for premium processing H-1B cap-subject petitions. Instead, we will use regular mail. USCIS will be doing this due to resource limitations as we work to process all premium processing petitions in a timely manner. After the two week period, we will resume sending out final notices in the pre-paid mailers provided by petitioners.

We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B Fiscal Year (FY) 2017 Cap Season Web page.

Visa Bulletin for May 2016

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-may-2016.html

EB-5 & Other USCIS Timelines For April 2016

For more information about the EB-5 program, please contact the JQK Law Firm at (310) 582-5904 or info@jqklaw.com

Form I-526 (Immigrant Petition by Alien Entrepreneur)

16.6 months (.3 month decrease from previous month!)

Form I-829 (Petition by Entrepreneur to Remove Conditions) 

17.5 months (.6 month increase from previous month) 

Form I-924 (Application for Regional Center)

9.3 months (.3 month increase from previous month)

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. 

Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants From El Salvador, Guatemala and Honduras

From USCIS:

The Department of State’s Visa Bulletin for May 2016 reflects a final action date  of January 1, 2010, for EB-4 visas for special immigrants from El Salvador, Guatemala and Honduras. This means that starting in May, applicants from these countries who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.

These three countries have reached their EB-4 visa limits as congressionally mandated for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 for El Salvador, Guatemala and Honduras will appear in the Department of State’s October Visa Bulletin, which will be published this September.

EB-4 visas are for special immigrants. These are individuals who may be eligible for lawful permanent resident status based on specific classifications, including Special Immigrant Juvenile.

What this action means to EB-4 applicants from El Salvador, Guatemala and Honduras:

Petitioners from any country, including El Salvador, Guatemala and Honduras, may continue to file Form I-360. There is no annual limit on the number of Form I‑360 petitions that USCIS may approve.

USCIS will accept all properly filed submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until April 30, 2016.

• We will process and make a decision on your Form I-485 application only if you have a Form I-360 filed before January 1, 2010, that is ultimately approved.
• If you have a pending Form I-360 filed on or after January 1, 2010, we will process and make a decision on your Form I-360 but withhold a decision to approve your Form I-485 application pending availability of an EB-4 visa.

If you file Form I-485 under the EB-4 classification after April 30, 2016:

• We will process and make a decision on your Form I-485 only if you filed your Form I-360 petition before January 1, 2010, and your Form I-360 is ultimately approved.

We will reject and return other Form I-485 applications but will continue to process Form I-360 petitions (even if submitted together with a Form I-485 that gets rejected).

USCIS Publishes New Edition of Form N-400, Application for Naturalization

On April 13, 2016, USCIS revised Form N-400, Application for Naturalization. The revised version is available atuscis.gov/n-400. You may continue to use the 9/13/13 edition of the form until August 9, 2016. We will reject and return previous versions of Form N-400 submitted on or after August 10, 2016.

Eligibility Requirements

The eligibility requirements for naturalization have not changed. For information on how to complete the form, and where eligibility requirements can be found, visit uscis.gov/n-400. For additional information refer to our Guide to Naturalization.

Changes You Will See on the Revised Form

We posted the draft form on April 9, 2015, for 60-day public comment and again on September 30, 2015, for 30-day public comment and received numerous comments. The changes we made:

· Removed the barcode. The 2D barcode technology has been removed on the new version of the form.

· Streamlined the application process for the customer. The revised form saves you time if a certain part does not apply to you.

o   For example, we added language on page one about your parents’ citizenship. Your answers will determine whether you complete Part 6, or continue directly to Part 7.

· Identified evidence. We added language to the form instructions to help you identify what evidence you need to submit with your form and bring to your interview.

How to Complete the Revised Form N-400

Access the revised form at uscis.gov/n-400. Complete it electronically, then print, sign and mail it to the USCIS Lockbox listed in the instructions. Please include supporting documentation and the correct fee.

If you are unable to fill out Form N-400 electronically, you may print it, or request a paper form by calling the Forms Request Line at 800-870-3676. You must complete the paper form in black ink.

You may also get forms and information by calling the USCIS National Customer Service Center at 800-375-5283 (TTY deaf or hard of hearing 800-767-1833).

For more information, please visit our website.

USCIS Completes the H-1B Cap Random Selection Process for FY 2017

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.

USCIS received over 236,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.

As announced on March 16, 2016, USCIS will begin premium processing for H-1B cap cases no later than May 16, 2016.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will also not be counted towards the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:

· Extend the amount of time a current H-1B worker may remain in the United States;

· Change the terms of employment for current H-1B workers;

· Allow current H-1B workers to change employers; and

· Allow current H-1B workers to work concurrently in a second H-1B position. 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.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

USCIS Reaches FY 2017 H-1B Cap

From USCIS:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

USCIS will first randomly select petitions for the advanced degree exemption. All unselected advanced degree petitions will become part of the random selection process for the 65,000 general cap. The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

Before running the lottery, USCIS will complete initial intake for all filings received during the filing period, which ended April 7. Due to the high number of petitions, USCIS is not yet able to announce the date it will conduct the random selection process.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2017 H-1B cap. USCIS will continue to accept and process petitions filed to:

· Extend the amount of time a current H-1B worker may remain in the United States;

· Change the terms of employment for current H-1B workers;

· Allow current H-1B workers to change employers; and

· Allow current H-1B workers to work concurrently in a second H-1B position.

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.

We encourage H-1B applicants to subscribe to the H-1B Cap Season email updates located on the H-1B Fiscal Year (FY) 2017 Cap Season Web page.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Facebook (/uscis), 

Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.