U.S. Immigration Law FAQ – Berardi Immigration Law

Short trips generally do not affect permanent residency, but extended absences can. U.S. Customs and Border Protection (CBP) considers an absence of more than six months (180 days) to be a “substantial departure” that may raise questions about abandonment of residency. Immigration attorneys therefore recommend that green‑card holders who anticipate trips over six months apply for a re‑entry permit before departing. The Ahluwalia Firm notes that CBP has increased scrutiny and may refer travellers for removal proceedings when they lack clear ties to the U.S. and remain abroad for long periods.

Re‑entry permits allow permanent residents to remain abroad for up to two years without surrendering their green card. A March 2026 update from Manifest Law reports that re‑entry permits take about 16 months to process, while advance parole documents for adjustment‑of‑status applicants take roughly 19.5 months. Applicants should file early and avoid international travel until they obtain travel authorization; leaving the U.S. without an approved advance‑parole document can cause USCIS to deny the underlying application.

Employment‑based immigrant visas are limited by annual country caps. The U.S. State Department’s March 2026 visa bulletin shows significant backlogs for certain categories: EB‑2 India moved only to Sept. 15 2013, while EB‑2 China remained Sept. 1 2021 and all other countries advanced to Oct. 15 2024. In the EB‑3 category, India remained at Nov. 15 2013 and China at May 1 2021, while the Philippines advanced to Aug. 1 2023 and other countries to Oct. 1 2023. These dates demonstrate wait times of more than a decade for some nationals; prospective applicants should plan accordingly.

The Government of Canada notes that most Canadian citizens can visit the U.S. for up to six months without a visa. Travellers must declare the intended length of stay when entering the U.S., and immigration officers can admit them for a shorter period. Those intending to live or work in the U.S. need an appropriate visa.

Yes. Under Section 262 of the Immigration and Nationality Act, all foreign nationals who remain in the United States for 30 days or longer must register with the U.S. government. The U.S. Embassy in Canada explains that most Canadians entering by land without a visa do not receive an I‑94 record, so they must register on day 30 using USCIS Form G‑325R. Individuals who enter with an I‑94 (e.g., via air travel or visa issuance) are exempt. According to a KPMG summary of the April 11 2025 executive order, failure to register can result in fines up to US $5,000 or up to 30 days’ imprisonment, and travellers must carry proof of registration. The registration requirement resets each time a visitor leaves the U.S.; registering does not extend the permissible six‑month stay.

A TN Scientific Technician/Technologist must perform duties that use scientific principles and support a professional in one of the listed sciences. Berardi Immigration Law describes typical duties such as setting up and operating instruments, monitoring experiments, recording results and developing conclusions. To qualify, an applicant must:

• Possess theoretical knowledge of disciplines like agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.
• Be able to solve practical problems or apply principles in basic/applied research.
• Work in direct support of a professional in the science (the work must be managed and reviewed by that professional).
• Avoid performing duties associated with construction trades; general job offers are not sufficient.

For the FY 2027 cap season, USCIS announced a wage‑based weighted lottery effective Feb. 27 2026. Under this system, registrants must select the prevailing wage level (I–IV) for the offered position. Wage Level IV entries receive four chances, level III three, level II two and level I one. If registrations exceed the 85,000 visa cap, USCIS will conduct a weighted random selection of unique beneficiaries rather than employer‑centric entries. The Baker Donelson update states that the registration period is March 4–19 2026 and that each registration must list the beneficiary’s passport information, degree, employer name and wage level. The registration fee remains US $215, but an additional $100,000 fee applies to certain H‑1B petitions filed for consular notification. Employers should align job descriptions with wage levels to avoid misclassification.

The Form I‑9 verifies the identity and employment authorization of every person hired for employment in the U.S. Paychex explains that employers must complete a Form I‑9 for each employee, inspect original documents that prove identity and work authorization (e.g., passport, green card, driver’s license and SSN card) and retain the form for either three years after the date of hire or one year after employment ends. U.S. citizens, non‑citizen nationals, lawful permanent residents and certain non‑immigrants with work authorization are all eligible to complete the form. Failure to properly complete or retain I‑9 forms can result in civil penalties.

E‑Verify compares an employee’s I‑9 information with government databases. In April–May 2025, a technical error caused some E‑Verify cases to return Final Nonconfirmation results erroneously. Reddy Neumann Brown advises employers to create a new case for any Final Nonconfirmation related to Social Security Administration mismatches issued between April 9 and May 5 2025. Employers should not take adverse action against employees based solely on Tentative Nonconfirmations and must give employees an opportunity to contest results. Promptly resolving mismatches helps maintain compliance.

USCIS operates several service centers: Texas (SRC), Nebraska (LIN), California (WAC), Vermont (EAC), Potomac and the National Benefits Center. Ilabaca Law notes that under the Service Center Operations model, cases may move among these centers; receiving correspondence from a different center is normal. Receipt numbers begin with prefixes (EAC for Vermont, WAC for California, LIN for Nebraska, SRC for Texas). Applicants can check estimated processing times using USCIS’s online tool and may request expedited processing if they meet criteria such as severe financial loss or humanitarian need.

The American Immigration Council reports that on Feb. 14 2025 the Department of Homeland Security (DHS) terminated almost 50 USCIS employees deemed “non‑mission critical”. Although USCIS is primarily fee‑funded, the layoffs occurred amid significant processing backlogs and humanitarian caseloads. Advocacy groups warned that cutting staff could undermine efforts to reduce case backlogs while enforcement agencies like ICE and CBP retained their budgets. Applicants should monitor USCIS policy announcements but can still expect services to continue.