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Author: Jeff MacArthur

  • Important: USCIS to Temporarily Halt Premium Processing for H-1B Extensions

    USCIS recently announced that beginning May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. This temporary change has been implemented so that USCIS will have the time and workforce to put into effect the new rule allowing certain H-4 spouses to apply for work […]
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  • Enlisting ‘Dreamers’ into the United States Army

    The House of Representatives last week voted to remove a measure from the National Defense Authorization Act that asked the Secretary of Defense to review policies on whether certain undocumented young people, often called “Dreamers,” can join the military if they have work authorization. During the last five months, the Pentagon has enlisted 81 of […]
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  • CBP Will Now Adjudicate Dependent Classifications for Same Sex Couples

    In June of 2013, the Supreme Court decided in United States v. Windsor that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual couples under the Defense of Marriage Act (DOMA) is unconstitutional. Since the repeal of DOMA, U.S. citizens and green card holders are able to petition for their same-sex […]
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  • Berardi Immigration Law’s Busy Month at the Border

    During the last few weeks, Berardi Immigration Law met 12 clients at the Peace Bridge and assisted each in presenting their applications to Customs & Border Protection. Importantly, each of these cases was approved. As you will read below, the statuses sought by our clients included the L-1, TN and B-1 categories. B-1 Visa for Religious […]
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  • Frequently Asked Marriage-Based Green Card Interview Questions

    Typically, Marriage-Based Adjustment of Status applications require both the applicant and the spouse to be present for an interview before the case can be approved. For many applicants, the thought of being interviewed by an immigration officer can be stressful and overwhelming. However, applicants who are well-prepared should not worry! The Green Card interview is […]
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  • Update: USCIS has Completed Data Entry for FY 2016 H-1B Petitions

    USCIS announced on May 4, 2015, that it had completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected through its computer-generated random process. At this time, USCIS will now begin returning all unselected H-1B cap-subject petitions. Due to the high volume of filings, the time frame for returning these petitions remains uncertain. […]
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  • The U.S. Government Has the Right to Search Your Electronic Devices at the Border

    Hundreds of thousands of travelers, citizens and foreign nationals alike cross the U.S. border every day. Many may be surprised to learn that border patrol agents do not need a warrant, any suspicion of wrongdoing or even consent to search a vehicle and all passenger belongings, including electronic devices. With the exception of foreign and […]
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  • Visa Fees Waived for 2015 Special Olympics World Summer Games

    The 2015 Special Olympics World Summer Games will take place in Los Angeles, California, from July 25 through Aug. 2, 2015. This year, foreign participants have something new to look forward to: There will be no visa application fee or visa issuance fee required. In 2014, the State Department announced that the fees would be […]
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  • Managing Partner Rosanna Berardi featured in Lawyer Monthly

    The managing partner of Berardi Immigration Law, Rosanna Berardi, has been featured in the most recent issue of Lawyer Monthly in a piece titled, “My Legal Life.” Lawyer Monthly is a global online and print publication providing news, analysis and features relating to the legal and corporate industries, with more than 108,225 readers. Each month, […]
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  • OPT & the ‘Cap-Gap’

    General Overview Each year, many foreign students in the U.S. transition from F-1 status with Optional Practical Training (OPT) authorization to H-1B nonimmigrant status. As there are a limited number of H-1B visas available each fiscal year, this visa limit is commonly referred to as the “H-1B cap.” U.S. immigration regulations require petitioning employers to […]
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