Category: Work In The US

The J-1 visa offers researchers, scholars, professors, medical trainees, and others the opportunity to come to the United States to participate in a sponsored program. However, the amount of time the visa holder can remain in the country is not unlimited. Exchange visitors under the J-1 program are required to return to their home country […]

At the I-140 stage of filing a PERM green card, employees must prove that they gained the required work experience and skills noted on the certified PERM.  How do they do it? With work experience and employment confirmation letters from their former employers. USCIS is pretty nit-picky with these letters. The best kind of evidence is […]

TN Category Overview The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. employer or entity. Under the regulations, there are 63 professional occupations under which an individual may qualify. One such occupation is an Accountant.  How to Qualify as an Accountant To qualify […]

PERM is an electronically-filed, attestation-based application filed with the U.S. Department of Labor (DOL) by an employer who wishes to sponsor a foreign national for an employment-based green card. The PERM exists as a way for the DOL to help make sure that employers are not using the immigration system to take jobs from U.S. […]

Whether for performance issues or for lack of work, the termination of H-1B employees presents special challenges to both the employer and the employee. In today’s blog, we will take a closer look at these challenges.  H-1B Employer Obligations Notify USCIS of termination  Regulations require an H-1B employer to notify USCIS “immediately” of “any material […]

To combat fraud by employers utilizing the PERM process, the Department of Labor (DOL) will sometimes audit the case.  There are two types of audits that can occur during processing: A random audit may occur by unplanned chance as a DOL mechanism to ensure that the electronic PERM system is not being abused by employers. A targeted audit occurs when […]

In light of the COVID-19 pandemic and the resulting national emergency, several states have closed or restricted services at DMV offices, precluding millions of people from applying for a REAL ID. As such, the Department of Homeland Security announced that the deadline for the enforcement of the REAL ID Act would be extended by one […]

When a U.S. employer sponsors a foreign worker for a green card through the PERM process, the employer is required to undertake numerous tasks to prove to the Department of Labor that the foreign worker will not displace any American worker by taking the permanent job being offered to them. In all PERM cases, there […]

In this post, Berardi Immigration Law attorney Zach Ahlstrom talks about the public charge rule changes that went into effect on February 24, 2020. Please note that this blog posts covers the same content as the video below. The U.S. immigration system is grounded in the concept of self-sufficiency. It has long been understood that […]

On April 13, 2020, USCIS released guidance on what to do if a foreign national cannot depart the United States before their nonimmigrant status expires due to COVID-19. Typically, a nonimmigrant must depart the United States before their authorized period of admission expires. However, USCIS recognized that nonimmigrants may unexpectedly need to remain in the […]