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Author: Jeff MacArthur

  • 2008 I-9 Interim Rule to Become Final May 16, 2011

    All employers, agricultural recruiters and referrers for a fee are required to verify the identity and employment authorization of each individual they hire for employment in the United States, regardless of the individual’s citizenship.  In 2008 an Interim Rule was passed that amended DHS regulations governing the types of acceptable identity and employment authorization documents […]
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  • A government shutdown? How might it effect you?

    With the impending threat of a government shutdown looming, many are wondering what the possible effects on the various departments that have a role in immigration services might be. While we can only speculate on the results of such a shutdown, the consequences could be far-reaching.   A partial shutdown would likely include those functions that are […]
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  • Employer Update: H-1B cap season for FY2012 begins April 1

    USCIS started accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked. The H-1B visa is a temporary worker’s visa […]
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  • Not All H-1B Petitions Are Subject to the Annual Numeric Cap

    Congress sets an annual cap on the number of H-1B visas which may be issued in a given fiscal year (October 1 – September 30).  In recent years, this number has been 65,000 – plus an additional 20,000 granted to qualified workers who have earned their Master’s Degree at a U.S. institute of higher learning. […]
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  • Case Study: Elderly Woman Turned Away at Border, Later Admitted

    Last week, Berardi Immigration Law represented an elderly Canadian woman who had been turned away at the Peace Bridge as a visitor.  The recent widow, who had wintered in Florida as a “snow-bird” with her U.S. citizen husband, was attempting to enter the U.S. in order to sell their belongings and settle her late husband’s […]
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  • Beyond the Border

    Earlier this month, Customs and Border Protection (“CBP”) and Canada Border Services Agency (“CBSA”) had two meetings in Niagara Falls, New York and Toronto, Ontario to discuss the joint U.S.-Canada declaration of a shared approach to security, also known as the Beyond the Border Action Plan. As a result of this plan, CBP and CBSA will […]
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  • Biometrics Based Alien Tracking System Coming Soon

    The Department of Homeland Security has announced its plan to finalize an alien exit tracking system based on biometrics data verification and will present it to Congress within weeks. While aliens entering the U.S. legally are tracked, a reliable exit system to verify who has left and when has been sought since before 9/11.  It is estimated […]
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  • What is a Criminal or Nonimmigrant Waiver?

    Some people may be refused entry to the United States due to a past criminal or immigration matter.  However, even if you are deemed inadmissible to the U.S., you may apply to CBP for a nonimmigrant waiver which waives the exclusion ground and allows you to cross the border. Due to the close relationship between […]
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  • TN Status for Dentists

    TN classification, established under the North American Free Trade Agreement (“NAFTA”) allows qualified Canadian and Mexican citizens to enter the U.S. temporarily to engage in business activities at a professional level. Dentistry is one of the professions allowed under NAFTA.  To qualify for TN status as a Dentist, an applicant must possess one of the following:  […]
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  • Management and Security along the U.S. and Canadian Border

    The Department of Homeland Security through Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Border Patrol is tasked with securing U.S. air, land and sea points-of-entry while simultaneously facilitating and streamlining lawful trade and travel. America and Canada share a border of more than 5,000 miles stretching along the continental U.S. and Alaska.  In […]
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