Category: Work In The US

If you frequently travel between Canada and the U.S. for business, you have probably grown accustomed to long lines and delays at airports and border crossings. For frequent business travelers, using a NEXUS card to cross the border is a great solution to avoid lines,

Recently, Berardi Immigration Law reached out to a number of our corporate immigration clients to find out what some of the most frequently asked questions from their foreign employees are.   Here are some of those responses: Q: Can foreign employees working in the U.S. travel outside the U.S.? A: Generally yes but the requirements may […]

U.S. employers often assign U.S.-based employees to work in overseas operations as “expatriates.”  Not only can the costs of sending employees on overseas assignments be significant, but managing the process can be time consuming and confusing for employers. Of particular concern is resolving questions

Are you an Australian citizen? Do you hold at least a Bachelor’s degree or the equivalent? Would you like to work in the U.S. in a professional position? If so, you may be eligible for a special visa classification for Australian professionals. Please call or email our office today to learn more. Summary: To qualify […]

New data obtained from CIS indicates a substantial increase in the number of Requests for Evidence (RFEs) and Denials issued with respect to nonimmigrant employment-based petitions (L, H, O, P for example).  This is despite the fact that the law and relevant regulations remain unchanged.

The H-1B is designated for individuals who work in a “specialty occupation.”   This term has been defined by Citizenship & Immigration Services (“CIS”) as a position that requires both the theoretical and practical application of a body of highly specialized knowledge and traditionally requires a Bachelor’s degree. H-1B status is granted for an initial period […]

An employer must make documentation relating to the Labor Condition Application (LCA) filed with an employee’s H-1B petition available in a public inspection file within one (1) working day after the date of filing the LCA with the DOL. Any member of the public may request access to the file.  The employer must make the […]

The requirement of obtaining a certified Labor Condition Application (“LCA”) prior to filing a petition for an H-1B worker was imposed by the Immigration Act of 1990.  The requirement serves two related purposes: ensuring that U.S. wages are not depressed by the hiring of foreign labor and protecting foreign workers from exploitation. In order to have […]

Recently, Berardi Immigration Law was retained by a high-level Canadian executive who was stopped by CBP at the pre-flight inspection in Toronto.  This individual, who had been entering the U.S. once or twice a month was aggressively questioned in secondary inspection and missed his flight.  Reluctant to attempt entry again, he was unable to appear […]

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. […]