William Flynn

William Flynn

Buchanan Ingersoll & Rooney PC

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USCIS Reaches FY 2017 H-1B Cap

On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it had 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...more

4/11/2016 - H-1B Lottery Popular USCIS Visa Caps Work Visas

DHS Publishes Final New STEM OPT Rule

On Friday, March 11, 2016, the U.S. Department of Homeland Security (DHS) published the long-awaited final rule relating to Optical Practical Training (OPT) extensions for foreign students with science, technology,...more

3/16/2016 - DHS Final Rules Foreign Students OPT STEM

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

1/22/2016 - H-1B Labor Condition Applications USCIS Work Visas

DHS Publishes Final Rule Regarding Certain Immigrant and Nonimmigrants

On January 15, 2016, the Department of Homeland Security (DHS) published a final rule in the Federal Register, amending its regulations relating to the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and...more

1/18/2016 - CW-1 DHS E-3 EB-1 Final Rules H-1B1 Visas

DHS Proposes Rule Affecting Certain Employment-Based Immigrant and Nonimmigrant Applications

On December 31, 2015, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register, entitled “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled...more

1/5/2016 - ACWIA Corporate Counsel DHS Employment Authorization Documents (EAD) USCIS Visas

Congress Reaches Bipartisan Deal on 2016 Omnibus Bill

On Tuesday, December 15, 2015, Congressional leaders reached an agreement on a year-end spending and tax deal that would prevent a government shutdown and extend a series of federal programs. The deal extends several...more

12/17/2015 - Bipartisan Agreement E-Verify EB-5 Federal Funding H-1B Pending Legislation

Fifth Circuit Strikes Down DACA and Expanded DAPA

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit upheld an injunction permanently barring the implementation of two executive action initiatives President Obama announced in November 2014 –...more

11/13/2015 - DACA DAPA Executive Orders Obama Administration Preliminary Injunctions

2017 Diversity Immigrant Visa Lottery Program Announced

The U.S. Department of State has announced the opening of the registration period for the DV-2017 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in the...more

10/2/2015 - Diversity Lottery Electronic Filing Estate Tax Foreign Nationals Gift Tax Green Cards Income Taxes US Department of State Visas

USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications Until October 1

Starting today, September 24, 2015, USCIS will suspend final adjudication of employment-based adjustment of status applications filed on Form I-485, because the Department of State reports that the statutory cap has been...more

9/25/2015 - Foreign Nationals USCIS Visa Bulletins Visas

USCIS Announces New Process for Determining Eligibility to File for Adjustment of Status in Backlogged Preference Categories

On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a major overhaul of its system for determining adjustment of status eligibility for individuals with family-based or employment-based petitions...more

9/11/2015 - Foreign Nationals Time Extensions USCIS Visa Bulletins Visas

September 2015 Visa Bulletin: Major Retrogression for EB2 China and India

The U.S. Department of State has published the monthly “Visa Bulletin” for September 2015. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that...more

8/14/2015 - China EB-2 India US Department of State Visa Bulletins Visas

SEC Charges Companies with Unregistered Broker-Dealer Activity Related to EB-5 Investment

On June 23, 2015, the Securities and Exchange Commission (SEC) charged two companies with unregistered broker activity related to EB-5 visa investments. SEC alleged that the companies brokered more than $79 million in EB-5...more

7/1/2015 - Brokers EB-5 Enforcement Actions SEC Unregistered Brokers

Visa Delays Plague U.S. Consulates and Embassies Due to Technical Issues

The U.S. Department of State (DOS) has reported that it is experiencing technical problems with its visa systems, preventing it from issuing visa stamps to foreign nationals. The problem also affects the ability to schedule...more

6/22/2015 - Consulate Delays Human Resources Professionals U.S. Embassies US Department of State Visas

Federal Court Refuses to Block H-4 EAD Rule During Pendency of Lawsuit

As previously reported, a lawsuit filed in the U.S. District Court for the District of Columbia, by Save Jobs USA, sought to vacate the H-4 rule allowing spouses of certain H-1B workers to file for and obtain Employment...more

5/29/2015 - Employment Authorization Documents (EAD) H-1B H-4 Spouses Preliminary Injunctions USCIS

USCIS Temporarily Suspends Premium Processing for H-1B Extensions of Stay

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During...more

5/20/2015 - H-1B Human Resources Professionals Immigration Procedures Popular USCIS

USCIS Issues Statement on the Use of Loans as EB-5 Capital

On April 22, 2015, U.S. Citizenship and Immigration Services (USCIS) held an EB-5 Stakeholder Engagement to discuss various issues relating to the EB-5 Immigrant Investor Program....more

5/14/2015 - Commercial Loans EB-5 Investors Secured Debt USCIS

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 Documents (EAD) 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

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