EB-5 & Other USCIS Timelines For May 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)

16.2 months (.4 month decrease from previous month!)

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

18.4 months (.9 month increase from previous month) 

Form I-924 (Application for Regional Center)

9.3 months (No Change)

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. 

USCIS Updates Form N-470, Application to Preserve Residence for Naturalization Purposes

Today, USCIS published an updated edition of Form N-470, Application to Preserve Residence for Naturalization Purposes. The new edition is dated 05/11/16. Starting 07/26/2016, USCIS will only accept the 05/11/16 edition. Until then, you can use the 01/03/13 edition. For more information, visit our Forms Updates page.

New Web Page on the H-1B and L-1 Fee Increase (Public Law 114-113)

USCIS has posted a new Web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Pub. L. 114-113 requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.

The new page provides information about who must pay the new fee. We posted this page in response to stakeholder comments and questions about the previously issued Web alert, New Law Increases H-1B and L-1 Petition Fees

Employers May Submit Online Inquiries for Certain Form I-129 Petitions

From USCIS:

As of April 21, 2016, petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay or change of employer, can submit an inquiry after their petition has been pending for 210 days or more. Petitioners may now submit this inquiry online by selecting “case outside normal processing time.”

Reminder: If you move while your case is pending, you must inform us of your address change so that you continue to receive our notifications. You may do so online at uscis.gov/addresschange, by calling the National Customer Service Center at 800-375-5283 (TDD for deaf and hard of hearing 800-767-1833) or by mailing Form AR-11, Change of Address.

To learn more, visit our website.

USCIS Updates Form I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status

Today, USCIS published an updated edition of Form I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status. The new edition is dated 05/10/16. Starting 07/19/2016, USCIS will only accept the new 05/10/16 edition. Until then, you can still use the 06/12/13 edition.

U.S. plans new wave of immigrant deportation raids

http://mobile.reuters.com/article/idUSKCN0Y32J1

USCIS Reaches CW-1 Cap for Fiscal Year 2016

USCIS has received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for Fiscal Year (FY) 2016. May 5, 2016 was the final receipt date for CW-1 worker petitions requesting an employment start date before October 1, 2016.

What Happens After the Cap is Reached

USCIS will reject CW-1 petitions that were received after May 5, 2016 and that request an employment start date beforeOctober 1, 2016. This includes CW-1 petitions for extensions of stay that are subject to the CW-1 cap.  The filing fees will be returned with any rejected CW-1 petition.

If an extension petition is rejected, then the beneficiaries listed on that petition are not permitted to work beyond the validity period of the previously approved petition. Therefore, affected beneficiaries, including any CW-2 derivative family members of a CW-1 nonimmigrant, must depart the CNMI within 10 days after the CW-1 validity period has expired, unless they have some other authorization to remain under U.S. immigration law.

Petitions that are Subject to the CW-1 Cap

The following Form I-129CW petitions are generally subject to the CW-1 cap:

• New employment petitions, and
• Extension of stay petitions.

All CW-1 workers are subject to the cap unless the worker has already been counted towards the cap in the same fiscal year. The U.S. government’s fiscal year begins on October 1 and ends on September 30.

The CW-1 cap does not apply to CW-2 dependents.

Determining the Appropriate Cap for a CW-1 Worker

USCIS uses the employment start date requested to determine in which fiscal year cap a CW-1 worker is counted. Please see the chart below.

If the employment start date falls between:	Then the worker will be subject to the following CW-1 cap:
Oct. 1, 2015 and Sept. 30, 2016	FY 2016
Oct. 1, 2016 and Sept. 30, 2017	FY 2017

When to File CW-1 Petitions

USCIS encourages CW-1 employers to file a petition for a CW-1 nonimmigrant worker up to 6 months in advance of the requested employment start date, and to file as early as possible within that timeframe. Please note, however, that USCIS will reject a petition if it is filed more than 6 months in advance.

FY 2017 CW-1 Cap Petitions

USCIS is currently accepting CW-1 petitions requesting employment start dates on or after October 1, 2016 (which apply to the FY 2017 CW-1 cap).

For more information about the CW-1 work program, visit our website at https://www.uscis.gov/cw-1 or call the National Customer Service Center at 1-800-375-5283.

USCIS Reaches H-2B Cap for Fiscal Year 2016

USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for Fiscal Year (FY) 2016. May 12, 2016 was the final receipt date for new H-2B worker petitions requesting an employment start date beforeOctober 1, 2016.

What Happens After Reaching the Cap

Except as noted below, we will reject new H-2B petitions received after May 12, 2016 that request an employment start date before October 1, 2016.

Petitions That Are Exempt from the Cap

We will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:
•For FY 2016 only, workers certified and confirmed as “returning workers” who were previously counted against the annual H-2B cap during FYs 2013, 2014 or 2015;
•Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
•Fish roe processors, fish roe technicians or supervisors of fish roe processing; and
•Workers performing labor or services from November 28, 2009, until December 31, 2019, in the Commonwealth of Northern Mariana Islands or Guam.

Petitions including H-2B Returning Workers:

To avoid processing delays, petitioners who are including H-2B returning workers on their petition must complete and include the H-2B Returning Worker Certification and are encouraged to write “H-2B Returning Workers” prominently on the envelope and any cover page. You can find more information about this in the web alert H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016.

Fiscal Year 2017 H-2B Petitions

We will consider H-2B petitions requesting an employment start date on or after October 1, 2016, towards the FY 2017 H-2B cap.  These petitions will be subject to all eligibility requirements for FY 2017 H-2B cap filings.

For more information about the H-2B work program, visit uscis.gov/h-2b or call the National Customer Service Center at800-375-5283 (TTY 800-767-1833).

US judge in Seattle tosses lawsuit over green cards decision

http://bigstory.ap.org/article/d20162d2dd024c70ad2ff43c283a0bb4/us-judge-seattle-tosses-lawsuit-over-green-cards-decision

USCIS Policy Memo about U-1 Visas, Criminal History and Civil Penalities

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/2016-0513_Matter_of_L-S-M-_Adopted_Decision_2016-03_.pdf

Episode 14: Legal Analysis of the EB-1a Extraordinary Talent Category, Satisfying the 2nd Prong of the Kazarian Decision

Allegations of Tesla using B-1 Workers for regular work

http://extras.mercurynews.com/silicon-valley-imported-labor/

Temporary Protected Status Extended for Honduras

WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Honduras (and those without nationality who last habitually resided inHonduras) for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018.

Current TPS Honduras beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from May 16, 2016 through July 15, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins.

Employment Authorization:

The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Jan. 5, 2018.

USCIS recognizes that some re-registrants may not receive their new EAD until after their current work permits expire. Therefore, we are automatically extending current TPS Honduras EADs with a July 5, 2016 expiration date for six months. These existing EADs are now valid through Jan. 5, 2017.

Re-registering for TPS:

To re-register, current TPS beneficiaries must submit:

• Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee);
• Form I-765, Application for Employment Authorization, regardless of whether they want an EAD;
• The Form I-765 application fee (or a fee-waiver request) only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required; and
• The biometric services fee (or a fee-waiver request) if they are age 14 or older.

Additional information about TPS, including guidance on eligibility, the application process and where to file, is available at uscis.gov/tps. The Federal Register notice published today contains further details about this TPS extension for Honduras.

USCIS will reject the TPS application of anyone who fails to submit the required filing fee or a properly documented fee-waiver request. Applicants may request that USCIS waive any fees based on an inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation.

All USCIS forms are available for free. Download forms or order them by mail through the USCIS website at uscis.gov/forms or by calling the USCIS Forms Request Line toll-free at 1-800-870-3676.

Applicants can check their case status at My Case Status Online or call the USCIS National Customer Service Center at 1-800-375-5283 (TDD for the deaf and hard of hearing: 1-800-767-1833).

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

USCIS Updates Form N-300, Application to File Declaration of Intention

Today, USCIS published an updated edition of Form N-300, Application to File Declaration of Intention. The new edition is dated 03/30/16. Starting 7/15/16, USCIS will only accept the 03/30/16 edition. Until then, you can use the 03/21/13 edition.

For more information, visit our Forms Updates page.

Temporary Protected Status Extended for Nicaragua

From USCIS:

WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua (and those without nationality who last habitually resided in Nicaragua) for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018. Current TPS Nicaragua beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from May 16, 2016 through July 15, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. Employment Authorization: The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Jan. 5, 2018. USCIS recognizes that some re-registrants may not receive their new EAD until after their current work permits expire. Therefore, we are automatically extending current TPS Nicaragua EADs with a July 5, 2016 expiration date for six months. These existing EADs are now valid through Jan. 5, 2017. Re-registering for TPS: To re-register, current TPS beneficiaries must submit: Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee); Form I-765, Application for Employment Authorization, regardless of whether they want an EAD; The Form I-765 application fee (or a fee-waiver request) only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required; and The biometric services fee (or a fee-waiver request) if they are age 14 or older. Online Accounts: USCIS is transitioning to process TPS Nicaragua applications electronically; however, applicants must continue to complete the paper forms and submit them by mail. Once we receive the documents, we will scan them into our systems for processing. Applicants with properly filed submissions will receive a USCIS Account Acceptance Notice in the mail with instructions on how to create a USCIS online account. An online account allows applicants to: Check the status of their case; Receive notifications and case updates; Respond to requests for evidence; and Manage contact information online, including address changes. We will still process TPS Nicaragua applications even if applicants choose not to access their online account. We will also send copies of case notifications via the U.S. Postal Service. Additional information about TPS, including guidance on eligibility, the application process and where to file, is available at uscis.gov/tps. The Federal Register notice published today contains further details about this TPS extension for Nicaragua. USCIS will reject the TPS application of anyone who fails to submit the required filing fee or a properly documented fee-waiver request. Applicants may request that USCIS waive any fees based on an inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. All USCIS forms are available for free. Download forms or order them by mail through the USCIS website at uscis.gov/forms or by calling the USCIS Forms Request Line toll-free at 1-800-870-3676. Applicants can check their case status at My Case Status Online or by calling the USCIS National Customer Service Center at 1-800-375-5283 (TDD for the deaf and hard of hearing: 1-800-767-1833). For more information about USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

USCIS Posts Updated Edition of Form I-140

Today USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The 11/20/15 edition is also still accepted. For more information, visit our Forms Updates page.

Great New Review for the JQK Law Firm

Local immigration lawyer convicted of fraud in winning asylum for Iraqis

http://www.chicagotribune.com/news/local/breaking/ct-immigration-lawyer-phony-asylum-guilty-met-20160509-story.html

USCIS Posts Updated Editions of Forms I-765, I-924, I-924A, I-129CW and I-612

Yesterday and today, USCIS posted updated editions to the following forms:

• Form I-765, Application for Employment Authorization. New edition dated 03/11/16. Previous editions dated 11/04/15, 02/13/15, 05/27/08 or later, also accepted. 
• Form I-924, Application For Regional Center Under the Immigrant Investor Pilot Program. New edition dated 04/27/16. 
• Form I-924A, Supplement to Form I-924. New edition dated 04/27/16. 
• Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker. New edition dated 04/25/16. We will also accept the 10/08/14, 04/04/13 and 10/07/11 editions. 
• Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended). New edition dated 05/04/16. 06/22/15 edition also accepted. 

For more information, please visit our forms updates page.

Employers May Submit Inquiries If Extension of Status/Change of Employer Petition Has Been Pending for 210 Days or More

On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.

Employers: If your Form I-129 petition has been pending for at least 210 days, you may submit an inquiry by calling the National Customer Service Center at 1-800-375-5283 (TDD for deaf and hard of hearing: 1-800-767-1833). When asking about your case status, please provide us with your original receipt number and specify that your case has been pending for 210 days or more.

All USCIS customers are reminded that if you move while your case is pending, you must inform us of your address change. You may do so online at uscis.gov/addresschange. You may also call the National Customer Service Center or mail us Form AR-11, Change of Address. It is important that you notify us of any address change as soon as possible, so that you continue to receive notifications from USCIS.

USCIS to Implement Filipino World War II Veterans Parole Program

WASHINGTON—Beginning June 8, 2016, U.S. Citizenship and Immigration Services (USCIS) will allow certain Filipino World War II veteran family members who are beneficiaries of approved family-based immigrant visa petitions an opportunity to receive a discretionary grant of parole on a case-by-case basis, so that they may come to the United States as they wait for their immigrant visa to become available.

    

This parole policy was announced in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century, issued in July 2015. An estimated 2,000 to 6,000 Filipino-American World War II veterans are living in the United States today. Among other things, this policy will enable many eligible individuals to provide support and care to their aging veteran family members who are U.S. citizens or lawful permanent residents.

“The Filipino World War II Veterans Parole Program honors the thousands of Filipinos who bravely enlisted to fight for the United States during World War II,” USCIS Director León Rodríguez said. “This policy will allow certain Filipino-American family members awaiting immigrant-visa issuance to come to the United States and be with their loved ones. For many, it will also allow them to provide support and care for elderly veterans or their surviving spouses.”

With the exception of immediate relatives of U.S. citizens, the number of family-sponsored immigrant visas available by country of origin in any given year is limited by statute. These limits result in long waiting periods before family members may join petitioning U.S. citizens or permanent residents in the United States and become permanent residents themselves. For some Filipino-American families, this wait can exceed 20 years.

Under the policy, certain family members of Filipino World War II veterans may be eligible to receive a discretionary grant of parole to come to the United States before their visa becomes available. In limited cases, certain eligible relatives will be able to seek parole on their own behalf when their Filipino World War II veteran and his or her spouse are both deceased.

Under the Filipino World War II Veterans Parole Program, USCIS will review each case individually to determine whether authorizing parole is appropriate.  When each individual arrives at a U.S. port of entry, U.S. Customs and Border Protection will also review each case to determine whether to parole the individual.  

Legal authority for this parole policy comes from the Immigration and Nationality Act, which authorizes the Secretary of Homeland Security to parole into the United States certain individuals, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit.

Additional information about the Filipino World War II Veterans Parole Program—including guidance on eligibility, the application process and where to file—is available in the revised Form I-131 instructions and the Federal Register noticepublished today. We will not accept applications under this policy until June 8, 2016.  USCIS strongly encourages eligible individuals interested in requesting parole under the FWVP Program do so within 5 years from June 8, 2016.

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