William Flynn

William Flynn

Buchanan Ingersoll & Rooney PC

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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

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

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

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

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

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

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

What’s Going On With Consular Delays? (Part 1)

The U.S. Department of State Bureau of Consular Affairs is currently experiencing technical problems with its passport and visa system. Consular services are operational, but currently issuing documents at a reduced capacity....more

7/31/2014 - Delays Department of State Passports Visas

Duplicate E-Verify Entries

A new feature in E-Verify will now provide a notification to users when a case is entered that includes the same Social Security number as another case entered in the previous 30 days. Oftentimes duplicate cases are entered...more

6/27/2014 - E-Verify Immigrants USCIS Visas

Revised USCIS Guidance: Form I-693 No Longer Required As Initial Evidence

Generally, all applicants for adjustment of status to that of a lawful permanent resident must submit Form I-693, Report of Medical Examination and Vaccination Record, completed by a physician designated by the U.S....more

6/6/2014 - Evidence Immigrants Medical Examinations USCIS Visas

Surprise Site Visits for L-1 Employers Expected

Fraud Detection and National Security (FDNS), a faction of U.S. Citizenship and Immigration Services (USCIS), confirmed recently in a stakeholder teleconference that the FDNS plans to start making surprise visits to employers...more

5/16/2014 - Fraud H-1B Immigrants Inspections L-1 USCIS Visas

Chilean Visa Waiver Implementation Accelerated

Recently, the United States announced that Chile would be added to the list of countries whose nationals are eligible to enter the U.S. under the Visa Waiver Program (“VWP”). May 1, 2014, was the original implementation date,...more

4/14/2014 - Immigrants Visas Waivers

Chile Newest Visa Waiver Country

Beginning May 1, 2014, Chile will become the latest country to join the US' Visa Waiver program. This means that Chilean passport holders with 1) an approved Electronic System for Travel Authorization (“ESTA”) and 2) an...more

3/18/2014 - ESTA Travel Visas Visitors

Canada’s Immigrant Investor Program Ends, Increases U.S. Opportunities

Earlier this month, Canada’s Economic Action Plan 2014 announced that the country would be ending its Immigrant Investor Program (IIP). The Canadian government made the decision to end the program in order to eliminate a...more

2/27/2014 - Canada Immigrants Investors Visas

Employers Beware

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

2/25/2014 - Employer Liability Issues I-9 Penalties Undocumented Immigrants USCIS Visas

Fiscal Year 2015 H-1B Filings

A reminder that filings requesting an H-1B number for Fiscal Year 2015 (beginning October 1, 2014) can be submitted to USCIS starting April 1, 2014. ...more

2/14/2014 - Filing Requirements H-1B Immigrants USCIS Visas

USCIS Issues Guidance Clarifying “Reason to Believe” Standard for I-601A Waivers

On January 24, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum clarifying the “reason to believe” standard for denying I-601A provisional unlawful presence waiver applications involving...more

1/30/2014 - Criminal Prosecution Deportation I-601A Immigrants USCIS Visas

Preparing for the 2014 H-1B Season and the April 1 Filing Date

Employers who wish to employ workers in the H-1B “specialty occupation” category starting on October 1, 2014, cannot file those applications earlier than six months in advance, or prior to April 1, 2014. The government has...more

1/28/2014 - Filing Deadlines H-1B Immigrants USCIS Visas

New Countries Eligible to Participate in the H-2A and H-2B Visa Programs

The Department of Homeland Security and the Department of State have added four countries to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The...more

1/23/2014 - Department of State DHS H-2A H-2B Immigrants Visas

Non-Immigrant Visa Interview Waiver Program Now Permanent

In January 2012, the U.S. Department of State (DOS) introduced a pilot program waiving visa interviews for certain types of visa applicants. The DOS has announced that the visa interview waiver program is now permanent. ...more

1/23/2014 - Department of State Non-Immigrant Visas Visas Waivers

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

1/13/2014 - F-1 Foreign Nationals Green Cards H-1B Human Resources Professionals Labor Certifications PERM Residency Requirements Residency Status USCIS Visas

New E-Verify Memorandum of Understanding

U.S. Citizenship and Immigration Services (USCIS) will be releasing a new set of E-Verify memoranda of understanding (MOUs), which will become effective on December 8, 2013. The MOU is the legal document that must be executed...more

12/6/2013 - Compliance DHS E-Verify Immigrants Memorandum of Understanding USCIS Visas

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