Category: Work In The US

Following recent trends with other visa categories, U.S. Citizenship and Immigration Services announced a notice of proposed rulemaking that would seek to modernize the recruitment requirements for employers seeking to hire foreign nationals on an H-2B visa. The goal of this proposed rule is to make it easier for U.S. workers to find and fill […]

In accordance with President Trump’s Buy American Hire American Executive Order, U.S. Citizenship and Immigration Services (USCIS) is reviewing employment-based immigration programs in an effort to eliminate fraud and ensure adjudications are consistent. As a part of this effort, USCIS recently published clarifications for the L-1 nonimmigrant classification foreign employment requirement...

In an effort to make the H-1B visa program more effective and efficient, the Department of Homeland Security (DHS) announced a new notice of proposed rulemaking. This proposed rule is also prompted by the Buy American and Hire American Executive Order, which specifically suggested reforms to the H-1B program to ensure that these visas are […]

Berardi Immigration recently helped Joerg Kuehnelt obtain a green card. Before working with Berardi Immigration, Joerg had worked with an attorney who he felt lacked experience and did not fully understand the application process. Ultimately, he was denied the visa because he did not sufficiently qualify for that particular type of visa. He then turned […]

the United States Citizenship and Immigration Services (USCIS) California Service Center (CSC) and Customs and Border Protection (CBP) Blaine, Washington, port of entry (POE) announced a new pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). The program was designed to evaluate how long USCIS needs to adjudicate these petitions and...

The Department of State (DOS) recently updated the Foreign Affairs Manual (FAM). This update is intended to provide additional guidance to U.S. consular officers in terms of what role they should play regarding confirming the validity of a petition being used to apply for a visa. The update encourages officers to take a more active […]

A proposed rule could result in major changes in the H-1B visa category. This rule would change the H-1B visa lottery process and could also alter the educational composition of visa holders. Currently, USCIS offers 65,000 standard H-1B visas for skilled workers. Additionally, USCIS offers another 20,000 visas for workers with a U.S. master’s degree […]

F-1 students who have an H-1B petition that remains pending after October 1, 2018, risk accruing unlawful presence if they continue to work on or after October 1, 2018 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through September 30, 2018. Due to increased demand for immigration benefits, resulting […]

A new U.S. Citizenship and Immigration Services (USCIS) policy goes into effect today and will provide adjudicators with more discretion to deny visa applications. USCIS is no longer required to issue a Request for Evidence (RFE) or Notice of Intend to Deny (NOID) when evidence submitted at the time of filing does not establish eligibility […]

U.S. Citizenship and Immigration Services (USCIS) recently announced that it will be expanding and extending the temporary suspension of H-1B premium processing. According to USCIS, these suspensions will continue until February 19, 2019. This is an effort to clear the backlog of H-1B visas in the application system. All Request for Premium Processing Service forms […]