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BIL’s Border Recap for August

BILs Border Recap for August1
Berardi Immigration Law has had another successful month at the Peace Bridge. Each of our clients’ petitions was approved, and we presented several interesting cases to Customs and Border Protection (CBP). Below we provide a brief summary of some of these cases in this month’s border recap:

TN Reconsideration

Our office regularly receives urgent phone calls from individuals who have unsuccessfully attempted to apply for TN and L-1 status without the help of an attorney. When these cases go south, our office is often able to revive the cases on behalf of the applicant.
Most recently, we received a phone call from a young man whose TN application was denied on the basis of insufficient documentation and issues of employer-employee control. Attorney Jennifer Behm assessed which evidence was missing from the original application materials and prepared a comprehensive letter of support that sufficiently addressed all aspects of the applicant’s eligibility for TN status. Our office packaged together all necessary materials and assisted the client in presenting the revamped package to CBP. The client was approved for the requested period of time and is now working in the U.S.

Border Appearances

The ability to present NAFTA applications directly to CBP at a U.S. port of entry is a fantastic privilege shared by Buffalo-area immigration attorneys. Our proximity to Canada allows us to meet our clients directly at the U.S. – Canada border at the time of applying for TN or L-1 status. While at the border, our attorneys fully explain the interview process to our clients and provide them with all necessary information about future entries into the U.S. We also address any questions they may have about their immigration circumstances in particular. Our clients value this service because it calms any worries they might have about the interview process and it instills a sense of confidence in them before their interview.
Given the perks of this service, our office is often retained by other law firms to meet their clients at the border on the mornings of their interviews. In the past week alone, we have been retained by three independent firms to make border appearances on their behalf. We are happy to provide this service to others.

Multiple TN Employers

It is a little-known fact that foreign nationals are able to simultaneously hold TN status on behalf of multiple employers. The TN category, like many nonimmigrant categories, is “employer-specific.” This means that a foreign national may only work in the U.S. for an employer who has actually sponsored the foreign national for TN status. Given this fact, an employee is still authorized to concurrently hold TN status on behalf of many employers as long as the employee is actually working for each of those employers in the U.S. It is common for clients to simultaneously apply for TN status on behalf of many employers when the client only expects to work for those employers on a part-time or single-project basis.
Last week, our office presented a TN application for an individual who had already been granted TN status as a Management Consultant on behalf of a different employer in June. The case was approved and the client now holds TN status on behalf of two employers.
If you are an attorney and you are interested in retaining our firm for a border appearance, please call or email us today to schedule a consultation. Likewise, if you have presented an unsuccessful application or seek an additional L-1/TN work permit, our office may be able to help you.