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Immigration Legal Services

Award-Winning Immigration Lawyers

Whether you’re a corporation looking to have employees work in the U.S.A., an individual with a job offer in the States, or a cross-border couple who wants to live together, Berardi Immigration Law can help. Our award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. At the heart of our firm is a focus on client relationships, responsiveness, and our deep commitment to helping business professionals achieve their American dream.

We develop creative immigration strategies to meet the unique demands of our individual and corporate clients across all industries, locations, and situations. We help our clients navigate the complex areas of work authorization, temporary visas, and green card and citizenship applications. Based in Buffalo, New York, were only minutes away from the Peace Bridge. Our attorneys regularly appear at the border with our clients to present NAFTA applications to the Department of Homeland Securitys Customs & Border Protection officers.

Our frequent interaction with government officers, together with our experience and knowledge, provides us with a thorough understanding of the government intricacies and adjudication trends. In turn, we provide effective representation to our clients and help them live and work in a country where business opportunities have no borders the United States of America.

U.S. immigration laws are often restrictive, complex, and inflexible when it comes to the legitimate needs of businesses to employ Canadian and foreign workers. Our team of lawyers will help you navigate the ins-and-outs of your immigration matter. Rest assured, we will handle your case competently, effectively, and with personalized commitment.

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Professional Clients Just Like You

Corporations & Business Professionals

Berardi Immigration Law skillfully prepares immigrant and nonimmigrant petitions for business professionals and companies encompassing a wide variety of industries and occupations. We take particular pride in our track record in the demanding IT and STEM fields, as well as in transportation, utilities, manufacturing, health care (including hospitals and research institutes), higher education, real estate, entertainment and sports. Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities within the H-1B, L-1, E-2, O-1 and TN visa categories.

We also provide our corporate clients with immigration training for HR and recruiters, immigration policy development, merger and acquisition guidance, as well as I-9 and audit compliance.

Canadian Citizens & Companies

Canadian Professionals

Whether you’re a small, family-owned Canadian business looking to expand to the U.S., a global company interested in transfering key personnel into the States, or a Canadian business professional with a job offer in the U.S., our attorneys will advise you on your best options.

With our headquarters office in close proximity to the Peace Bridge port of entry between Ft. Erie, Ontario and Buffalo, NY, our attorneys regularly appear with our clients from Southern Ontario and across Canada to present NAFTA applications to U.S. Customs and Border Protection officers.

Under the North American Free Trade Agreement (NAFTA), Canadian citizens can apply for TN or L-1 status in-person at the port-of-entry. Our attorneys will facilitate the adjudication process and help clarify any questions CBP may have about a particular case.

Admission Problems and Waivers for Canadians

We commonly hear from Canadians who suddenly have problems crossing the border due to an old criminal charge – something they thought was a long-ago warning, dismissal, or even pardon. For U.S. immigration purposes, however, these incidents may be problematic. If you are a Canadian and you think you need a Criminal Waiver to cross the border into the U.S., our attorneys will review your case to determine if a waiver is required, or if you might qualify for entry under the Petty Offense Exception.

Treaty Traders & Investors

The E-1/E-2 visa is available for nationals of countries that have bilateral investment treaties or treaties of friendship, commerce and navigation with the U.S.

Treaty Trader (E-1) Visa

Applicants under this category must be the same nationality as the company for which they work, and the company must be undertaking a level of trade with America sufficient to support the employee in America. The trade must be substantial – i.e. an amount of trade sufficient enough to ensure a continuous flow of international trade items between America and the treaty country. Trade may include services and technology.

Treaty Investor (E-2) Visa

Applicants under this category must enter the U.S. to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital. The amount of the required investment varies depending upon the type of business. For instance, a business consulting firm operating in an office would require a smaller investment than a manufacturing company requiring warehouse space and machinery to operate. The funds used for investment must be the visa applicant’s own funds, and documentary evidence will be required to prove this. In addition, any business undertaken as part of the investment must not be marginal in nature; rather, the business must have the present or future capacity to generate more than enough income for the treaty investor and their family.

E-1 and E-2 visas can also be granted to employees if they hold the same nationality as the principal trader/investor, and if they will engage in duties that require special qualifications. Specifically, these employees must possess either executive, managerial, or supervisory duties or skills that are essential to the operation of the enterprise.

Our attorneys will help you determine if your trade or investment qualifies for an E-1 or E-2 visa.

Hospitals, Healthcare Systems & Research Institutions

Berardi Immigration Law represents many reputable health care organizations, as well as physicians, nurses and other healthcare workers. The visa categories we consider for foreign physicians and nurses include:

  • H-1B specialty occupation visas, and analyzing for cap-exempt filing opportunities
  • O-1A visas for individuals with extraordinary ability in science
  • TN category for Canadians and Mexicans in the healthcare industry
  • J-1 Visas and J-1 Waivers
  • E-2 Investor Visas, where appropriate

Our attorneys are also adept at analyzing green card options for healthcare professionals, including PERM Labor Certifications, National Interest Waivers, EB-1 Extraordinary Ability Applications, and Schedule A green card applications for nurses and physical therapists

Cross-Border Couples

Berardi Immigration Law has helped hundreds of couples, including same-sex couples, live together lawfully in the United States. Applying for a green card based on your marriage to a U.S. citizen or lawful permanent resident is a relatively straightforward and a commonly used path to a green card, but it still involves a nuanced and demanding application process.

We understand the nuances of navigating the K-1 fiancé visa and marriage-based green card processes, and we provide guidance to our clients on the best strategy to help you reside together in America.

Individuals Needing Consular Services

Once a nonimmigrant petition or green card application is approved by USCIS, a foreign national may be required to attend a visa interview before entering the United States. These interviews take place at a U.S. Consulate or Embassy outside the United States. Navigating a rigid and inflexible process that varies from country-to-country can be frustrating. Our Visa Services Coordinator can help you save valuable time and avoid expensive delays.

While most law firms leave this last step up to the foreign national, Berardi Immigration Law has an entire department dedicated to coordinating visa appointments worldwide. Our team schedules visa appointments in 190+ countries around the world. We also prepare and submit all necessary documentation and information to the government on your behalf. We assist with visa issuance fees, expedite requests, and tracking the return of the passport with the new visa back to the applicant.

Berardi Immigration Law also has a Visa Agent located in London who meets our clients outside the U.S. Embassy on the day of the interview to facilitate a smooth interview process.

Truly, we assist our clients from the very start to the very end of the immigration process. We provide the expertise necessary to ensure your visa is approved as quickly as possible.

IT Companies & Tech Startups

Both in the technology industry and beyond, startup and established companies are reshaping the U.S. economy and creating inventive products that change people’s lives across the globe.   The visa categories we consider for technology companies include:

  • L-1 visas for owners, executives, managers or “specialized knowledge” employees of tech enterprises that have foreign offices;
  • H-1B visas for professional employees and founders of tech startups. (However, due to the restrictive nature of the category, we often consider other pathways to avoid the H-1B lottery when possible.)
  • O-1A or O-1B visas for individuals with extraordinary ability in the arts, sciences, business, education or athletics; and
  • E-1 or E-2 visas for an entrepreneur who invests personal funds into an enterprise and who is a citizen of a country that has a requisite treaty with the U.S..

Our attorneys have also successfully drafted many EB-1A (Extraordinary Ability) and EB-1B (Outstanding Researcher) Green Card petitions, which have no wait time on visa numbers available. We regularly prepare EB-2 and EB-3 PERM Labor Certification green card petitions for technology workers in the IT industry as well.

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Testimonials

Recent News & Resources

  • Does my criminal history make me inadmissible to the U.S.?

    According to the Immigration and Nationality Act, individuals are deemed inadmissible to the United States on criminal grounds if they are convicted of OR admit the essential elements of: A crime involving moral turpitude or an attempt or conspiracy to commit such a crime or;A violation of any law regulation of a State, the United […]

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  • Client Approval: Submitting L-1A Application at the Border

    The L-1 nonimmigrant category is for intracompany transfers and blanket L petitions. It is available to individuals who have worked for a foreign corporation that has a parent, subsidiary, branch or affiliate company in the U.S. The individual must have been employed in an executive or managerial position (L-1A), or in a specialized knowledge capacity […]

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  • The 60 Day Rule | If My Status is Terminated | Ep. 2

    Watch episode two of “If My Status is Terminated” below. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

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  • Become a US Citizen Using Form N-400

    Citizenship/naturalization is a permanent benefit with many privileges, including worry-free travel and the ability to participate in the U.S. electoral process. The Form N-400, Naturalization Application is currently 20 pages long, and consists of complex biographic and travel questions. It is imperative that all information is accurately and properly completed to prevent delays in processing […]

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  • FAQ on Advance Parole

    Q: What is Advance Parole? A: Advance Parole is a document for certain foreign nationals who do not have a valid immigrant or non-immigrant visa to re-enter the United States after traveling abroad. If you fall in this category, you must be approved for Advance Parole PRIOR to leaving the U.S. In the case that […]

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  • Breaking Down the L-1 | Ep. 2: Corporate Requirements

    Associate Attorney Erica Chiodo is here with another part of her nine part series: Breaking Down the L-1. The L-1 nonimmigrant category is for intracompany transfers and blanket L petitions. It is available to individuals who have worked for a foreign corporation that has a parent, subsidiary, branch or affiliate company in the U.S. The […]

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  • Everything You Need to Know About Commuter Green Cards

    If you hold a standard green card in the U.S., you are required to maintain permanent residency status in the U.S. So, the common question remains: what do I do if I’d like to work in the U.S. and commute from my home in Canada or Mexico? Thanks to the birth of the commuter green […]

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  • Can You Imagine Waiting 2 Years to See Your Mother? | How Can We Fix US Immigration? | Ep. 5

    Watch episode five of “How Can We Fix US Immigration?”, Can You Imagine Waiting 2 Years to See Your Mother? If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

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  • Terminating Employees in H-1B, TN, L-1, O-1 or E-3 Status | If My Status is Terminated | Ep. 1

    Watch the video below on Terminating Employees in H-1B, TN, L-1, O-1 or E-3 Status and check out our related page on Universal Visa Services. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

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