Jennifer Behm, Partner at Berardi Immigration Law, was recently featured by Pioneerly in a roundtable article on how immigration attorneys are preparing clients for 2027. The piece looks at a fast-moving year. It covers a Supreme Court detention case, PERM suspensions for eight major employers, and expanded online screening for TN visa applicants, all of which happened in October alone.
Jennifer’s comments focused on the employment-based green card process, and on why planning ahead now matters more than ever:
“The employment-based green card process has become much less predictable, so we are counseling employers and foreign nationals to plan earlier and avoid relying on a single strategy.”
She pointed to tougher review of National Interest Waiver (NIW) petitions as one reason for that shift. NIW approval rates have fallen sharply over the past year. For that reason, Jennifer encourages clients with a strong NIW or EB-1 case to consider starting the PERM labor certification process at the same time, rather than waiting for one case to be decided before beginning another. She also stressed the importance of looking at a person’s entire immigration timeline, not just the green card case. That means keeping temporary status and work authorization on track while several processes run at once.
Jennifer also spoke about what Canadians are experiencing at the border. Drawing on her practice in Buffalo, she noted that the rules for Canadians crossing to work have changed very little. What has changed is how much discretion officers are using:
“Legally, very little has changed for Canadians crossing to work. CBP officers have always had significant discretion at ports of entry. Right now, they’re using more of it.”
She described longer conversations at inspection and more variation between ports. Some factors can invite extra questions, such as frequent trips, longer stays, traveling with work equipment, or difficulty explaining the purpose of a visit. Her advice was to understand the planned work and the authorization it requires before booking the trip. For more on this topic, see our TN visa guide for Canadians.
Read the full article here: Immigration Attorneys Are Planning for 2027. Stability Isn’t Part of the Plan.
Shifting policies, longer timelines and closer scrutiny are making immigration planning harder for employers, professionals and families alike. Berardi Immigration Law is following these developments closely and can help you build a plan that keeps your options open. Nobody should navigate immigration alone. If you have questions about your U.S. immigration journey, click here to contact us today.
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