William Flynn

William Flynn

Buchanan Ingersoll & Rooney PC

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Proposed Law: Permanent Residence for E-2 Investors and Certain Benefits for Their Children

On April 9, 2015, Congressman David Jolly introduced a bill in the House of Representatives titled “E-2 Visa Improvement Act of 2015.” The purpose of the bill is to amend the Immigration and Nationality Act to permit certain...more

4/21/2015 - E-2 Minors Proposed Legislation USCIS

USCIS Completes H-1B Cap Lottery for FY2016

As previously reported, on April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. ...more

4/15/2015 - H-1B Lottery USCIS Visa Caps Visas

DOS Establishes Timeline for 2015 Poverty Guidelines

When processing immigrant visa cases subject to the Affidavit of Support Form I-864 requirement, consular posts must use the numbers representing 125 percent of poverty guidelines as the minimum income that a petitioner...more

3/23/2015 - Federal Poverty Line Immigration Procedures Visas

CBP Now Using Checklist for U.S.-Canada Port-of-Entry L-1 Applications

The L-1 visa is for employees of multinational corporations who wish to come to the U.S. to work for a U.S. parent, branch, or subsidiary corporation. In order to obtain an L-1 visa, you must either be coming to the U.S. in a...more

3/5/2015 - Canada Customs and Border Protection L-1 Visas Multinationals

H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 2015

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that effective May 26, 2015, the Department of Homeland Security (DHS) will extend employment authorization to H-4...more

2/25/2015 - DHS Employment Authorization Document H-1B H-4 Spouses Spouses USCIS

DHS Will Not Begin Accepting Expanded DACA Applications on February 2015

On February 17, 2015, Secretary Jeh C. Johnson announced that the Department of Homeland Security (DHS) will not accept requests under the expanded DACA initiative on February 18, 2015, as originally planned, due to the...more

2/19/2015 - DACA DAPA DHS USCIS Visas

USCIS to Begin Accepting Requests for Expanded DACA on February 2015

As previously reported, on November 20, 2014, President Barack Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain...more

2/11/2015 - DACA DAPA Executive Orders Immigration Procedures Immigration Reform USCIS

H-1B Season Is Fast Approaching

Employers are reminded that, beginning April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or...more

2/6/2015 - Foreign Nationals H-1B OPT Temporary Employees USCIS

Staffing Company Fined $226,270 for Failure to Examine Documents Before Signing Section 2 of Form I-9

As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted and I-9 violations are discovered, fines for simple paperwork violations, even if no undocumented...more

2/6/2015 - Corporate Counsel

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

1/21/2015 - H-1B Highly-Skilled Workers Visa Human Resources Professionals Immigration Procedures USCIS Visas

USCIS Seeks Feedback on RFE Template for Multinational Executive and Manager Category

In April 2010, U.S. Citizenship and Immigration Services (USCIS) launched its Request for Evidence (RFE) Project, an initiative to review and revise the agency’s Service Center RFE templates. Since then, USCIS has published...more

1/14/2015 - C-Suite Executives Corporate Management Multinationals Request for Evidence USCIS

Major Immigration Changes

On Thursday evening, November 20, 2014, President Obama summarized his Immigration Accountability Executive Actions. This will signal the beginning of contentious political debate that should go on for at least the next few...more

11/24/2014 - Barack Obama Customs and Border Protection DACA DAPA Deportation DHS Employer Liability Issues Enforcement Executive Orders Immigration Reform STEM USCIS

SEVP Deploys More Field Representatives to Schools

As previously reported, the Student and Exchange Visitor Program (SEVP) division of U.S. Immigration and Customs Enforcement (ICE) announced the deployment of field representatives to serve as direct day-to-day liaisons...more

11/24/2014 - Educational Institutions ICE SEVP

The United States and China To Extend Visas for Short-term Business Travelers, Tourists, and Students

On November 10, 2014, the U.S. Department of State (DOS) announced that starting November 12, 2014, the United States and the People’s Republic of China will reciprocally increase the validity of short-term business and...more

11/13/2014 - China Department of State Reciprocity Rules Visas

DOL Issues iCERT Password Reactivation Reminder

On November 3, 2014, the U.S. Department of Labor (DOL) issued an alert reminding stakeholders that, as of September 30, 2014, iCERT users needed to have updated their passwords to meet the new enhanced password security...more

11/6/2014 - DOL iCERT Passwords

USCIS Policy Alert on Effect of Assisted Reproductive Technology on Immigration and Citizenship

USCIS recently issued policy guidance, published in the USCIS Policy Manual and Adjudicator’s Field Manual, related to the use of Assisted Reproductive Technology (ART) and its effect on immigration petitions and derivative...more

10/30/2014 - Artificial Reproduction Citizenship Family Members Immigration Procedures USCIS

DOL Issues FAQ on Foreign National Qualifications

A permanent labor certification issued by the U.S. Department of Labor (DOL) allows an employer to hire a foreign national to work permanently in the United States. The application for a labor certification is filed via the...more

10/23/2014 - Certifications DOL Foreign Nationals Hiring & Firing

USCIS Launches New E-Verify Website

E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...more

10/9/2014 - DHS E-Verify Immigrants Social Security Adminstration USCIS Visas

2016 Diversity Visa Lottery Opens Oct 1

The registration period for the 2016 Diversity Visa Program opened on Wednesday, October 1, 2014 at 12:00 noon, Eastern Daylight Time (EDT) (GMT -4). The period will close at noon, Eastern Standard Time (EST), Monday,...more

10/2/2014 - Department of State DIversity Lottery Immigrants Visas

USCIS Alert for Employers Regarding Certain Secure Stamps

U.S. Citizenship and Immigration Services recently alerted that on July 1, 2014, it began using blue ink for many of its secure stamps. The older secure red ink was retired and is no longer used by USCIS. ...more

9/25/2014 - DHS Form I-94 Political Asylum Refugees USCIS

OCAHO Significantly Reduces Fine After Finding No Unauthorized Employees

On June 30, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO), which is responsible for review of penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations,...more

9/12/2014 - I-9 ICE Immigrants OCAHO Visas

DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014

According to the U.S. Department of State, effective Saturday, August 23, 2014, the China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of the fiscal year 2014. This action is...more

8/29/2014 - China Department of State EB-5 Immigrants Visas

"Surge Docket” for New York Minors

An immigration court in New York has begun what it is calling “surge docket” proceedings for unaccompanied minors. The court, which typically sees less than 100 minor cases per month, is now taking on around at least 30 cases...more

8/22/2014 - Minors Unaccompanied Minors

BALCA Holds That, Despite Typographical Error on ETA 9089, Audit Materials Demonstrated Compliance

Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market to ensure that there are not sufficient U.S. workers who are able, willing, qualified, and...more

8/18/2014 - Audits BALCA DOL PERM

What’s Going On With Consular Delays? (Part 2)

As we previously reported, the U.S. Department of State Bureau of Consular Affairs has been experiencing technical problems with its passport and visa system causing delays. The Department reports that it has made significant...more

8/7/2014 - Delays Department of State Passports Visas

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