USCIS New Central NJ Field Office

 

Google Map Photo

Some applicants wonder why their immigration cases were transferred from Newark to another office in New Jersey. Last year, the USCIS has opened a new field office in Central New Jersey, located in Cranbury. According to USCIS, this strategic addition aims to better serve the growing needs of immigrants and applicants residing in the region.

For many years, USCIS has two field offices in New Jersey located in Newark and Cherry Hill (later moved to Mt. Laurel).  The Newark Field Office serves mostly applicants from north New Jersey, while the Mt. Laurel Field Office is designed to serve the communities in south New Jersey.  Over the years, as the population of the immigrant communities increases, the resources of these offices have been stretched to the limit, especially the Newark Field Office.  

New Jerseyans often argue exactly where the dividing line is between North and South New Jersey.  Because of its central location, Newark has had to handle extremely large number of immigration cases from applicants located in both North and South New Jersey.  The driving distance between Newark and Mt. Laurel is about an hour and 30 minutes during rush hours.  Hence, to avoid making applicants drive long distances, USCIS would assign cases in central Jersey to Newark.

The establishment of the Central New Jersey Field office is aimed at relieving the workload of the other two field offices.  Situated in Cranbury, a township located near the mid-point between Newark and Mt. Laurel, the new USCIS field office will handle the immigrant cases of applicants who reside in Central New Jersey. 

Just like the other field offices, the Central NJ field office is a full-service office that handles all common immigration cases. including naturalization testing and interviews, interviews of green card applicants based on family relationship or employment offers.  biometric appointments, and other usual immigration processes. Ya-Mei Chen, a Chinese immigrant, is the Field Office Director in charge of the Central NJ field office. 

Currently, the processing times at Newark Field Office are still relatively long: 9.5 months for N-400 naturalization applications; 18 months for family-based I-485 applications; and 21.5 months for employment-based I-485 applications.  The addition of the Central Jersey Field Office should alleviate the workload of the other offices and shorten the case processing times.  

Located at 8 Cedarbrook Dr, Cranbury, NJ 08512, the Central NJ Field Office has brand new offices with ample parking spaces.  Applicants should not be concerned if their cases are transferred to this office. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS NJ Offices Will Be Closed 01/19 and 01/20

USCIS has announced that all USCIS offices in New Jersey will be closed next Tuesday and Wednesday.  All scheduled appointments will be re-scheduled later on.  All field offices, asylum offices and application support centers will be closed. The closure is to ensure public safety during the new president's inauguration. 

Interview Requirement to be Added for Asylee Petitioners of I-730

Obtaining status as an asylee or refugee means that one may legally stay in America with protection. What about the person's family members abroad, who may still be at harm's way?  

After attaining asylee status or admission as a refugee, individuals may file Form I-730 Refugee/Asylee Relative Petition within 2 years to have their spouse or unmarried children under 21 join them in America.

The process involves the usual -- submitting evidence, beneficiary biometrics and interview, etc. Petitioners themselves only need to interview when the beneficiary is in the United States and more information is needed to determine eligibility. 

However, according to a recent memo published by USCIS, the petitioner interview for such cases will be a requirement by the first quarter of FY2021. Furthermore, this change will be Phase 1 of a plan to implement the petitioner interview under USCIS and DOS jurisdiction globally (jurisdiction being where an office that handles those cases exist).

In Phase 2, estimated to begin by the time new Form I-730 instructions are published, will add the requirement to cases where the beneficiary and/or petitioner is in a USCIS jurisdiction abroad. This is only if the petitioner and beneficiary are located within USCIS jurisdiction.

Phase 3, implementation date to be announced, will include cases where the beneficiary and/or petitioner is in a DOS (Department of State) jurisdiction abroad.

Petitioners will be expected to attend a scheduled in-person interview at a USCIS office as part of the adjudication process. They can expect multiple interviews if they filed multiple I-730s. As with all USCIS appointments, petitioners should make time to attend their interview. It is an important part of the process and missing it could result in case denial.

The above rules will apply to Form I-730 applications filed on or after a to-be-announced implementation date for each phase. There are no concrete dates for now. Asylee and admitted refugees with pending I-730 petitions should expect and be prepared for an interview as each phase of the plan moves forward in 2021.

USCIS Office Reopening Visitor Policy

USCIS offices have begun to reopen, but the pandemic is still ongoing. To minimize contagion, USCIS has announced that all visitors must wear a face mask/covering in their offices. Those that refuse to do so will not be allowed to enter. 

Other preventative procedures for office appointments are similar to what was announced in June. Applicants may only bring their attorney, an assistant for disability, or family members listed as dependents on the appointment notice. Minors are allowed one trusted adult with them. Interpreters are generally allowed but should be available by phone in certain cases. 

Naturalization ceremonies will only allow the citizen-to-be and any person assisting them with disability. This  means no family or friends can attend the actual ceremony. As always, anyone feeling sick or who has been around a sick person can and should reschedule as per their appointment notice and will not be penalized for doing so. 

Video interviews are also being rolled out slowly in different districts. 

Overall, while appointments have resumed, applicants and visitors must be prepared to comply with altered procedures. USCIS offices can deny entry to uncooperative people. It is in an applicant's best interest to follow these rules both for their own health and for the sake of their application.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Texas Service Center Moved to New Address Effective 06/29/2020

USCIS announced that the Texas Service Center (TSC) will move to the following address on 06/26/2020.

Texas Service Center
6046 N Belt Line Rd.
Irving, TX 75038-0001

The new address will start to accept mail on Monday, 06/26/2020.  Many popular applications such as H-1B, L-1A, I-140, etc., are processed by the TSC.  Applicants should refer to the filing instructions when submitting applications to the TSC.

USCIS Offices Set to Open June 4th

Since offices closed to the public on March 18th, many applicants have been unable to go to their USCIS appointments.

USCIS has announced that its local offices will reopen on June 4th. This means field offices, asylum offices, and application support centers (ASC) will resume in-person services.

Any appointments that were canceled because of the closures will be automatically rescheduled. This includes naturalization ceremonies. Notices will be mailed out to petitioners and applicants with details of the rescheduled appointments. Asylum offices will undergo a similar process to reschedule asylum interviews.

ASC appointments will be rescheduled by mail after offices reopen for in-person services. 

Overall, anyone whose appointment was to be at a field office, asylum office, or ASC will just need to wait to receive a new appointment time. 

Others that had InfoPass and other appointments must contact USCIS (contact center) themselves to reschedule. They also need to wait until the respective office is reopened. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

RFE/NOID Deadline Extended by 60 Days

USCIS just announced that it will grant a 60-day extension for the public to respond to any Requests for Evidence or Notices of Intend to Deny dated between March 1 and May 1, 2020.   A decision will not be made until after the 60-day period.  

However, applicants and petitioners should still respond to any RFE/NOID as soon as possible, as most immigration petitions are time sensitive.

All In-Person Immigration Appointments Cancelled till April 1

USCIS is suspending all in-person services at its local offices on account of the Coronavirus until at least April 1 including:

-  Naturalization tests
-  Naturalization ceremonies
-  Green card interviews
-  Other in-person interviews
-  Asylum office appointments
-  Biometrics/fingerprinting appointments


USCIS field offices will send out notices and  new appointment notices to applicants and petitioners affected by this temporary closure.

USCIS is still open for emergency services such as emergency travel documents.  If you have an emergency service request, contact the USCIS Contact Center at 1 (800) 375-5283.

Overseas Visa Appointments

Many American Consulates are also suspending visa interview appointments.  Some of them provide only limited services.  Overseas visa applicants should contact their local American Consulate offices to find out if they are open for business. This includes immigrant visas and all nonimmigrant visas such as student visas (F-1, M-1), employment visas (H-1B, O-1, R-1, L-1), temporary visitor visas (B-1, B-2), etc.

USCIS to Close Moscow Office on March 29, 2019

USCIS made the following announcement today regarding its Moscow field office:

Due to a significant decrease in workload, USCIS will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office will be open to the public and accepting applications is Feb. 28, 2019. The USCIS field office in Athens, Greece, will assume jurisdiction over immigration matters in the Russian Federation, Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.  The U.S. Embassy in Moscow will assume responsibility for certain limited services previously provided by USCIS to individuals residing in Russia (see table below). The USCIS Refugee Affairs Division will assume primary responsibility for adjudicating refugee cases presented for interview in the region.

Beginning on March 1, 2019, individuals who live in the aforementioned countries must follow these filing instructions:

Form I-130, Petition for Alien Relative, Petition for Alien Relative

File your petition by mail with the USCIS lockbox facility in Chicago. You can find additional filing information on the Form I-130 Web page.

USCIS may authorize the Department of State to accept a petition filed with a U.S. embassy in some limited circumstances,

Form I-131A, Application for Travel Document (Carrier Documentation)

If you are a lawful permanent resident (LPR) who has lost your LPR card and/or re-entry permit and you need travel documentation to return to the U.S., you can file your Form I-131A with any U.S. embassy consular section or USCIS international field office. 

Form I-407, Record of Abandonment of Lawful Permanent Resident Status

Form I-407 may be submitted by mail to the nearest USCIS international field office.  

In rare circumstances, a U.S. embassy or U.S. consulate without a USCIS international field office may allow you to submit a Form I-407 in person if you need immediate proof that you have abandoned your lawful permanent resident status.

Form I-730, Refugee/Asylee Relative Petition

You must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.

For beneficiary interviews/processing, contact the U.S. embassy consular section in the country where the beneficiary resides.

Form N-400, Application for Naturalization

If you are a member of the U.S. military and are stationed overseas, please see the Form N-400, Application for Naturalization page or call 800-375-5283 for the most current filing instructions. USCIS will forward the application to the appropriate international field office for processing. For qualified children of active-duty service members stationed abroad, the proper form to file is the N-600K, Application for Citizenship and Issuance of Certificate Under Section 322

U.S. Embassy MoscowGeneral information about the U.S. Embassy Moscow is available on the embassy website. You may also contact the embassy by calling 011-7 (495) 728-5000 or by mailing:

Bolshoy Deviatinksy Pereulok No. 8

Moscow 121099

Russian Federation 

For more information on the services USCIS provides in the region, please contact the USCIS field office in Athens.

USCIS Offices Open During Government Shutdown

Most of the U.S. immigration services continue to be available to the public during the government shutdown. The USCIS local offices are open for business.  The USCIS service centers are also open for business and continue to accept applications.  The Department of Labor is also accepting filing of Labor Condition Applications and PERM Foreign Labor Applications. Individuals with appointments for adjustment of status (green card), naturalization, biometrics (fingerprinting) appointments, visa appointments, etc., should show up as usual. 

USCIS expanded credit card payment program

USCIS announced today that it is accepting credit payments for many application forms including the I-130, I-485, I-765, I-131, I-129F, etc., in addition to the N-400 and I-90.  However, for more complicated forms such as the I-129 Petition for a Nonimmigrant Worker, which requires multiple fees, credit card payment is still not accepted.

Impact of Government Shutdown on Immigration Filings

As we all know by now, negotiations broke down in Congress and the Federal government has been shutdown as of midnight Friday, January 19, 2018.  Luckily for some and maybe unluckily for others, the government did not completely shutdown.  The government was shutdown because there was no federal funding to finance the government operations and activities.  However, even during a shutdown, certain essential services will continue including social security payments, military services, air travel services, etc.

What about immigration services? 

Although most federal agencies will be closed, the Department of Homeland Security (DHS) is an exception as their services are considered essential.  For example, the Customs and Border Patrol (CBP) will continue its operations at the ports of entry.  The Immigrant and Custom Enforcement (ICE) will continue to enforce the immigration laws. 

Although the U.S. Citizenship and Immigration Services is part of the DHS, it does not get its funding from Congress; it is financed by the application fees paid by the public.  Hence, the shutdown does not affect its operations.  It will continue to accept immigration petitions from the public with some exceptions, including the Special Immigrant Religious Workers program, EB-5 Regional Center Program, E-Verify and the Conrad 30 J-1 doctors program. 

However, the Department of Labor (DOL)'s operations have been shut down.  It means that the Foreign Labor Certification Data Center (OFLC) will no longer be able to certify the Labor Condition Application (LCA) for H-1B petitions, issue Prevailing Wage determination for PERM labor application, or adjudicate any PERM ETA9089 applications.  Hence, these types of applications will not be able to proceed for the time being.  Applicants are advised to continue submitting these applications.  Based on the experience of the last shutdown, the DOL will likely provide some retroactive relief regarding timeliness and deadlines.  

Regarding overseas visa and passport services, the Department of State (DOS) has stated that their operations will continue for the time being.  Hence, overseas applications should not be affected.

Immigration Relief Measures for Nepali Nationals

USCIS announced on May 5, 2015, that several immigration relief measures may be available to Nepali nationals who are affected by the magnitude 7.8 earthquake that struck Nepal on April 25, 2015.  These measures, upon request, include:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
• A grant of re-parole;
• Expedited processing of advance parole requests;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications, where appropriate;
• Consideration for waivers of fees associated with USCIS benefit applications, based on an inability to pay; and
• Assistance replacing lost or damaged immigration or travel documents issued by USCIS, such as Permanent Resident Cards (green cards).

Delay in immediate relative I-130 processing

U.S. citizens who filed immigrant visa petitions on behalf of their family members may have noticed the current delays in the processing of these I-130 petitions.  It is now taking about eight to ten months to process these petitions, and the delay has caused problems for many immigrant families.  Before the backlog of cases is cleared, it is very important for applicants to understand their options and plan their cases carefully in order to alleviate the impact caused by the current delay.

U.S. Citizens' right to petition for close family members
One of the many benefits of being a U.S. citizen is the ability to petition for one's immediate relatives to immigrate to the United States.  Immediate relatives (IR) include one's parents, spouses and minor children. Under the current immigration policy, immediate relatives are exempt from the annual visa quota and can immigrate to the United States as soon as their petitions are approved by the U.S. government. Hence, the processing time of their cases has a direct impact on how soon they can immigrate to the United States.

Delays in immediate relative I-130 petitions
The first step of the immigration process is to file an immigrant visa petition (Form I-130).  The U.S. Citizenship and Immigration Services (USCIS), a branch of the Department of Homeland Security, is charged with the responsibility of adjudicating all immigrant visa petitions.  It has been the practice of the USCIS to process IR petitions expeditiously as they are not subject to the visa caps.  Consequently, the processing times of IR petitions have traditionally been shorter than those in other visa preference categories (such as those filed by permanent residents).  However, since early 2013, the processing of the IR petitions has slowed down significantly.  As of October 31, 2013, USCIS reports that it was only processing IR petitions filed in February 2013. The agency is aware of the issue and is taking measures to remedy the situation.  For example, the agency has been transferring cases between service centers to fully utilize the agency resources.

Know one's options and plan carefully
In light of the current processing delays, intending immigrants their petitioners should plan their cases carefully in order to avoid lengthy delay of their cases.  First of all, they should know their options.  For example, rather than filing an immigrant visa petition for a foreigner, a U.S. citizen may use a fiancee visa petition instead. Currently, the K-1 fiancee petitions (I-129F) are taking about five months to process, which is a lot faster than an I-130 petition.  In order to apply for a fiancee visa, the parties must not be married.  Couples who can delay their marriage should consider filing for the fiancee visa classification.

If a couple is already married and has a pending I-130 petition, they can file an K-3 visa petition to allow the foreign spouse to first come to the United States while waiting for the processing of the I-130 petition. As of October 31, 2013, the processing time of the K-3 (I-129F) petition is about five months.  However, it is not unusual for USCIS to adjudicate both the K-3 and I-130 petition simultaneously.  Hence, delays in I-130 processing could also slow down adjudication of the K-3 petition.

Upon approval of the I-130 petition, the case is forwarded to the National Visa Center (NVC) for further processing and preparation for the consular interview.  Nowadays, NVC requires substantial amount of documents and information from the parties.  To speed up the immigration process, the parties should plan a head start with NVC processing.  For instance, the parties should have their original or certified documents ready including birth certificates, marriage certificate, divorce judgments, etc.  The beneficiary can also obtain the police clearances in advance but should be mindful of their effective dates.  The petitioner should also have their financial documents ready early on, including their federal tax returns, employment verification documents, proof of assets, etc.

Conclusion
USCIS has announced that it intends to bring the processing time back down to five months - the agency's target processing time for immediate relative petitions.  Before this goal is achieved, it is important for immigrant families to carefully consider their options and plan their actions accordingly.  For cases with unusual delays or special circumstances, the parties may contact Congressional members and USCIS Obudsman for assistance.  As a last resort, the parties may also file a Writ of Mandamus with the federal court to request that their I-130 petition be adjudicated.

USCIS new policy on adoption-based I-130 petition

The Hague Adoption Convention, effective in the United States on April 1, 2008, is an international convention dealing with international adoption. It's primary purposes are to protect children's basic rights and to guard them against abuses and exploitation such as child laundering and trafficking.  The Hague Adoption Convention applies when a child who is habitually residing in one Convention country is adopted by someone habitually residing in another Convention country.

To prevent circumvention of the Hague Adoption Convention protections, a child who is a citizen of a Hague Adoption Convention country is deemed to be habitually residing in that country under the Department of Homeland Security regulation, even if the child is actually residing in the United States. Under this policy, the child is not eligible to adjust status in the United States to become a permanent resident.

A USCIS memo dated October 31, 2008 provides a solution to this problem.  It authorizes USCIS officers to approve an I-130 visa petition (which is required before the child may adjust status) filed on behalf of such a child if, prior to the adoption, the prospective adoptive parents obtain a written statement from the Central Authority of the child's country of origin stating that: a) It is aware of the child’s presence in the United States; b) It is aware of the proposed adoption; and c) It has determined that the child is not habitually residing in the country of origin.

Additionally, the adoption order that is submitted with the Form I-130 must expressly state that such written statement from the Central Authority was filed with the court finalizing the adoption. An amended order can be obtained if such Central Authority statement is not obtained until after the adoption was finalized.

Cognizant of fact that some countries of origin do not issue statements described above, the USCIS issued another policy memo on December 23, 2013 which provides further assistance to the adoption-based I-130 petitioners.  Specifically, the memo states that if a petitioner has attempted to obtain the statement of habitual residence from the country of origin for at least 6 months with no response, and the child was not paroled into the United States, USCIS will approve a Form I-130 if the following three criteria are met:

1) At the time the child entered the United States, the purpose of the entry was for reasons other than adoption (intent criteria);

2) Prior to the U.S. domestic adoption, the child actually resided in the United States for a substantial period of time, establishing compelling ties in the United States, (actual residence criteria); and

3) Any adoption decree issued after February 3, 2014, confirms that the country of origin Central Authority was notified of the adoption proceeding in a manner satisfactory to the court and that the Central Authority did not object to the proceeding with the court within 120 days after receiving notice or within a longer period of time determined by the court (notice criteria).

It should be noted that approval of the I-130 visa petition is only a prerequisite for adjustment.  The child must also meet the other requirements for adjustment before it may become a lawful resident of the United States. Under the Hague Adoption Convention, international adoption has become an extremely complicated process.  USCIS memos such as this one provide much needed guidance to the U.S. petitioners who plan to adopt internationally.

USCIS transfers H-1B petitions from Vermont to California

On December 23, 2013, USCIS made the following announcement regarding transfer of I-129 (H-1B) petitions from VSC to CSC:

U.S. Citizenship and Immigration Services (USCIS) recently began transferring some extension of stay casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes the following form:

I-129, Petition for a Nonimmigrant Worker, filed by an employer to extend the stay of an alien to perform services as an H-1B specialty occupation worker.

How You Will Be Affected
If we transferred your case, we will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change and the transfer will not delay the processing of your case. If you receive a notice that we transferred your extension petition, please allow 21 days from the date of the transfer notice for the California Service Center to issue a decision or other notice of action.

AAO grants national interest waiver to commodity supplier

The Administrative Appeal Office (AAO) of the U.S. Citizenship and Immigration Services grants a national interest waiver to a commodity trader/supplier, in a non-precedent decision, after concluding that the applicant's immigration will benefit the U.S. to an extent that outweighs the requirement of labor certification.

At issue was an EB-2 petition filed by a commodity trade and supply business on behalf of its manager, who was also the company's founder and sole employee.  The petition requested that the requirement of labor certification be waived in the national interest of the United States.  The case was filed with the Texas Service Center, which denied the petition after issuing a Request for Evidence (RFE) and also a Notice of Intent to Deny (NOID) to the petitioner.  The petitioner filed an appeal with the AAO.

RFE for proof of national scope
The petitioner is a supplier and distributor of swimming pool plastering materials in the U.S.  The RFE issued by the TSC asked for evidence to show that the benefits of beneficiary's services were national in scope, and also for evidence that he was influential in his field.  In response, the petitioner established that it had 100 customers located in nine different States, nine America suppliers located in four different States and more than four international sources of imported materials.  The beneficiary also maintained that he had a customer base of approximately 80 family businesses and about 23 private companies, all of them relying on him for steady supply of goods, competitive prices and custom credit lines. The petitioner also provided numerous letters from business owners who confirmed that the beneficiary had helped them stay in business.

NOID:  Beneficiary stands out in the field?
Subsequently, the TSC director issued a Notice of Intent to Deny (NOID) to petitioner, finding insufficient evidence to show that the beneficiary's accomplishments distinguish him from others in the field.  The director found the letters submitted not sufficient as they were written by beneficiary's business partners or customers. The director wanted to see more independent opinion about the beneficiary's achievements in order to waive the requirement for labor certification.

The beneficiary responded to the NOID by first observing that labor certification was not realistic, given the fact that he was both the owner of the company and the only employee.  The Labor Department would not likely grant certification to self-employed individuals.  The beneficiary also noted that that USCIS has been proactively reaching out to entrepreneurs, citing the Service Entrepreneurs in Residence initiative as an example.  The beneficiary also submitted a new letter from a senior research analyst which explained that (1) The petitioner's success stems from the beneficiary's ability to identify market fluctuations in markets; (2) In commoditized product business, it is the trust and credibility of the supplier organization that differentiates it from its competitors; (3) A business entity's trust and credibility comes from its representatives; (4) Since the beneficiary is the sole representative of the petitioner, and it would be almost impossible to find any other more qualified personnel to do the beneficiary's job of projecting trust and credibility to customers.

The TSC director ultimately denied the NIW application, after having concluded that beneficiary failed to present sufficient evidence to prove that he stands out among his peers.

AAO grants NIW
The AAO reversed the denial and granted NIW to the beneficiary, noting that the beneficiary's contribution to the filed is through his "transaction of business" rather than product development.  The AAO noted that the beneficiary had helped many small businesses, individually and cumulatively, stay in business. These achievements go above and beyond customer satisfaction and leave a legacy far beyond the beneficiary's own business ventures.  Consequently, the AAO concluded that beneficiary's services outweigh the national interests of labor certification.

There are several points that are worth noting here. First, the beneficiary in this case was a business professional.  It demonstrates that NIW is not just reserved for scientists, researchers or medical professionals.  Secondly, independent experts letters are usually given more evidentiary weight than letters written by colleagues or employers.  Thirdly, small companies (such as the petitioner here) with one or two employees may also file an employment-based petition, although it would be difficult to prove the case.

Indian EB-2 Expected to Retrogress to 2004 or 2005 in the December

The following is an Visa Office Update on Priority Dates and Demand (Updated 11/1/13), as reported by AILA:

On Wednesday, October 23, 2013, Mr. Charlie Oppenheim of the Department of State's Visa Office spoke to the Washington D.C. Chapter dinner. Below are notes from that meeting. These notes are Mr. Oppenheim's impressions at this time, and are subject to change based on usage or new developments.

• His office is concerned again this year that the EB-5 numbers for China are moving too fast and there could be a cut-off for China EB-5 in June 2014 or later, if usage remains at the current levels. Worldwide EB-5 usage is up as well.
• The India EB-2 cutoff date is expected to retrogress from June 2008 (which is what it is in the November 2013 Visa Bulletin) to 2004 or 2005 in December 2013. This is due in large part to Indian nationals "upgrading" from EB-3 to EB-2. See below for more on upgrades.
• India EB-3 will continue to move very slowly.
• Upgrades continue to be a tough issue to manage. USCIS does not appear to be working to develop any processes or procedures to better capture upgraded employment-based cases so there is no better information expected from that agency to assist Mr. Oppenheim's office in better managing these numbers.
• Worldwide EB-2 is expected to remain current.
• Worldwide EB-3 could move up to 2011 in the December Visa Bulletin.
• Worldwide EB-1 is expected to remain current.
• China EB-2 will continue to move slowly.
• China EB-3 is expected to continue to be ahead of a China's EB-2 priority date. Members are reminded that they may be able to use an expired EB-2 PERM for a new EB-3 category. As long as the first EB-2 I-140 was approved, the PERM can be used to file a second I-140 under EB-3. See this USCIS memo for more information (AILA Doc. No. 07062172)
• EB-4 is expected to remain current.
• Family-based 2A is expected to hold at its current date. Mexico FB-2A may need to retrogress in the future. Many FB-2A applicants are not showing up for their appointments, or their applications are being returned from the posts.

AILA InfoNet Doc. No. 12012349 (posted Nov. 1, 2013)

EB-5 Ponzi Scheme Indicted by SEC

A Texan couple and their companies were charged by the U.S. Securities and Exchange Commission (SEC) for allegedly running a Ponzi scheme to defraud at least 10 foreign investors more than US$5,000,000 under the guise of the EB-5 investment visa program.

The EB-5 investment visa program (EB-5 Program) allows foreigners to apply for U.S. permanent resident status (commonly known as the "Green Card") by investing $500,000 or $1,000,000 dollars in a U.S. enterprise and creating or preserving at least 10 full-time job openings.   There are no specific qualification requirements of the EB-5 investors, and currently there is an abundance of EB-5 visa numbers.  Because of these advantages, many wealthy foreign investors are interested in the EB-5 Program.  At the same time, the EB-5 Program has also been abused by unscrupulous individuals and companies as a marketing tool to defraud innocent foreigners large sums of money.

By law, business entities called Regional Centers are established for the economic development of specific geographic areas and industries under the EB-5 Program. The Texan couple, Mr. and Mrs. Ramirez, formed a Regional Center called "USA Now LLC" to solicit foreign funds to invest in the EB-5 Program.  However, even before the Regional Center's application was approved by the U.S. government, the couple was already taking money from foreign investors. The Ramirezes initially targeted investors in Mexico, but later on also solicited money from investors in Nigeria and Egypt.

The Texan couple also allegedly made false promises to investors that the funds would be kept in escrow account, and would only be released for legitimate business purposes after the U.S. Citizenship and Immigration Services (USCIS) had approved their immigrant visa applications.  In reality, the couple would allegedly take the money out from the escrow account for their own illegal use.  Some alleged misappropriations of investor funds include the purchase of a Mercedes Benz and other automobiles for company employees, and financing of a Cajun-themed restaurant in Texas.  Further, the SEC also alleges that the Ramirezes would use the payments of subsequent investors to make Ponzi-payments to earlier investors.  For example, an initial EB-5 investor discovered that USA Now was not yet approved as a Regional Center and demanded a refund of investment. Because the Ramirezes already spent the funds of the first investor, they therefore used the investment funds from subsequent investors to pay back the first investor.

The Texan couple also allegedly promoted to foreign investors that the funds would be invested in an energy business, although they never included such an investment plan in the Regional Center application filed with the USCIS.  They also allegedly promised prospective investors a 5% return of investment without explaining how they were going to make good that promise.

This is not the first time that the SEC has investigated an EB-5 Regional Centers.  Because large sums of funds are involved in EB-5 Program, scammers often prey on foreign investors who are usually not sophisticated enough to understand all the legal intricacies of the U.S. legal system.  Hence, it is important for foreign investors to do their due diligence before choosing a Regional Center as an investment tool.  If in doubt, they should seek advice from independent professionals such as lawyers and business advisers.

USCIS Guangzhou Moving to Zhujiang New Town Area

The USCIS Guangzhou, China field office is moving to the new U.S. Consulate General facility in the Zhujiang New Town area of Guangzhou. The last day that USCIS services will be provided at our Tian Yu Garden facility will be July 12.  Beginning July 29, all USCIS services will be provided at the new location.  The new USCIS Guangzhou will be:

U.S. Citizenship and Immigration Services
U.S. Consulate General
Entrance at Huaxia Road near Zhujiang New Town Metro Station Exit B1
Tianhe District
Guangzhou, China
510623