EB-5 & Other USCIS Timelines For October 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 (.9 month decrease from previous month!)

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

22.9 months (.9 month increase from previous month!) 

Form I-924 (Application for Regional Center)

11.9 months (.9 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,

Click here for When to Expect Your Green Card.

Saudi airports set up US custom clearance facility

http://english.alarabiya.net/en/News/middle-east/2016/10/26/CBP-to-be-established-in-some-Saudi-airports-.html

New EB-5 Las Vegas Hotel To Launch

http://www.latimes.com/business/la-fi-vegas-chinese-20161026-snap-story.html

Video: Detailed Analysis of the L-1 New Office Non Immigrant Visa Category

Extension of the Designation of Nepal for Temporary Protected Status (TPS)

From USCIS

Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Nepal (and those without nationality who last habitually resided in Nepal) for an additional 18 months, effective Dec. 25, 2016, through June 24, 2018.

Current TPS Nepal beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from October 26, 2016 through December 27, 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 June 24, 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 Nepal EADs with a Dec. 24, 2016, expiration date for six months. These existing EADs are now valid through June 24, 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 14 years old or older.

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

USCIS will reject the application of any applicant 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 atuscis.gov/forms or by calling 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 on 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.

USCIS Policy Manual Update: Volume 6, Part J: Special Immigrant Juveniles and Volume 7, Part F: Special Immigrant-Based (EB-4) Adjustment of Status

From USCIS

The USCIS Policy Manual has been updated to provide guidance on the special immigrant juvenile classification and special immigrant-based adjustment of status. Volume 6, Part J: Special Immigrant Juveniles and Volume 7, Part F: Special Immigrant-Based (EB-4) Adjustment of Status are effective on October 26, 2016. The Policy Alert is available here: Volume 6, Part J: Special Immigrant Juveniles and Volume 7, Part F: Special Immigrant-Based (EB-4) Adjustment of Status (Final date for comments: November 25, 2016) A summary of new and updated policies for comment is available on the Policy Manual for Comment page.

USCIS Fee Schedule Update

https://www.uscis.gov/forms/our-fees

Orlando judge tosses Disney IT outsourcing lawsuit

http://www.orlandosentinel.com/business/brinkmann-on-business/os-disney-visa-lawsuit-dismissed-20161014-story.html

Immigration agent, lawyer charged in pay-to-stay scheme

http://www.detroitnews.com/story/news/local/detroit-city/2016/10/20/immigration-agent-bribery-conspiracy/92475642/

USCIS Policy Manaul Update: Volume 9, Part B: Extreme Hardship

From USCIS:

The USCIS Policy Manual has been updated to provide guidance on how USCIS makes extreme hardship determinations as they relate to waivers of inadmissibility. Volume 9, Part B: Extreme Hardship becomes effective on December 5, 2016. The Policy Alert is available here: • Volume 9, Part B: Extreme Hardship (Effective Date: December 5, 2016)

USCIS Reaches CW-1 Cap for Fiscal Year 2017

From USCIS:

USCIS has received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,998 workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for fiscal year 2017. October 14, 2016 was the final receipt date for CW-1 worker petitions requesting an employment start date before Oct. 1, 2017.

What Happens After the Cap is Reached

USCIS will reject CW-1 petitions that were received on or after October 15, 2016 and that request an employment start date before Oct. 1, 2017. 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 Commonwealth of the Northern Mariana Islands (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 types of Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker, 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 Oct. 1 and ends on Sept. 30.

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

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.

Alternate Classifications

USCIS encourages employers and employees to review the Working in the U.S. page for a list of all classifications available for temporary and permanent workers. A general description of each classification, along with eligibility criteria and other filing requirements, can be found by clicking on the links provided on the page.

For more information about the CW-1 work program, visit the CW-1: CNMI-Only Transitional Worker page or call the National Customer Service Center at 1-800-375-5283.

Adopt-a-refugee plan under consideration by Obama administration

http://www.chicagotribune.com/news/sns-wp-blm-migrant-policy-81741e68-8a20-11e6-8cdc-4fbb1973b506-20161004-story.html

SAVE CaseCheck Now in Spanish

Benefit applicants can now view their case status in Spanish through the Systematic Alien Verification for Entitlements Program (SAVE) CaseCheck website.

SAVE CaseCheck is a free online service that lets benefit applicants follow the progress of their SAVE verification case. Applicants may enter  document information such as their passport number and date of birth to securely check their case status.

SAVE CaseCheck:

• Makes it easy for benefit applicants to track the progress of their immigration status verification case.
  
• Reduces visits to benefit-granting agencies.
  
• Informs benefit applicants when they should return to the benefit-granting agency.

For additional information please visit the SAVE website.

November 2016 Visa Bulletin Released

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-november-2016.html

USCIS Updates Form I-191

https://www.uscis.gov/i-191

Use Categorical Approach For 'Moral Turpitude,' BIA Says

http://www.law360.com/articles/850793/use-categorical-approach-for-moral-turpitude-bia-says

Policy Memo RE Asylum Published

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/APPROVED_PM-602-0137_TRIG_Hold_Policy_Revision_for_ASYLUM_FINAL_10-5-16.pdf

FedEx Delivery Receipt Flips DOL Work Certification Denial

http://www.law360.com/immigration/articles/849601/fedex-delivery-receipt-flips-dol-work-certification-denial-?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Israeli Owner of Mall Kiosk Businesses Pleads Guilty to Immigration and Money Laundering Charges

https://www.justice.gov/usao-edva/pr/israeli-owner-mall-kiosk-businesses-pleads-guilty-immigration-and-money-laundering

USCIS N-400 Update

From USCIS:

We recently updated the following USCIS form(s):

Update to Form N-400, Application for Naturalization

10/07/2016 01:55 PM EDT

New edition dated 09/29/16. Starting 12/1/16, USCIS will only accept the 09/29/16 and 03/26/16 editions. Until then, you can use the 09/13/13 edition.

E-Visa Request for Evidence (RFE) Templates Available for Review

From USCIS:

Dear Stakeholder, New documents are now available for your review and comment. Please follow the instructions below.    USCIS is requesting public feedback on the following Request for Evidence (RFE) Templates: Form I-129, Petition for a Nonimmigrant Worker, E-1 Treaty Trader (Final date for comments: October 21, 2016) Form I-129, Petition for a Nonimmigrant Worker, E-1 Employee of Treaty Trader (Final date for comments: October 21, 2016) Form I-129, Petition for a Nonimmigrant Worker, E-2 Treaty Investor (Final date for comments: October 21, 2016) Form I-129, Petition for a Nonimmigrant Worker, E-2 Employee of Treaty Investor (Final date for comments:October 21, 2016) Please send all comments to scopsrfe@uscis.dhs.gov. If you are unable to access these documents through the links provided above, please do the following: Go to www.uscis.gov/outreach   Select “Feedback Opportunities” on the left side of the page   A summary of RFE Project accomplishments to date is currently available on the Feedback Updates page of www.uscis.gov. For more information on petitions and filings for Form I-129, Petition for a Nonimmigrant Worker, please visit the USCIS I-129webpage. Kind Regards, USCIS Public Engagement Division

USCIS Increases Validity of Work Permits to Two Years for Asylum Applicants

From USCIS:

Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.

Immigration services glitch leaves hundreds of DACA renewals wondering about their status

http://www.kens5.com/news/politics/daca-renewals-delayed-due-to-immigration-services-glitchs/329000890

USCIS Updates Forms G-884

From USCIS:

Good afternoon,

We recently updated the following USCIS form(s):

Update to Form G-884, Request for the Return of Original Documents

10/05/2016 11:32 AM EDT

New edition dated 09/19/16. Starting 12/05/16, USCIS will only accept the 09/19/16 edition. Until then, you can use previous editions of this form.

For more information, please visit our Forms Updates page.

CBP Settles FOIA Fight With Immigration Attys, Noncitizens

http://www.law360.com/immigration/articles/847862/cbp-settles-foia-fight-with-immigration-attys-noncitizens?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

CBP Makes Online I-94 Application, Payment Available to Travelers Arriving at a Land Port of Entry

See: https://www.cbp.gov/newsroom/national-media-release/cbp-makes-online-i-94-application-payment-available-travelers

Great New 5 Star Yelp reviews for JQK Law

ILP018 - Quick Review of September 2016 Immigration News & Events Released