TN Case Summary 07.31.2019

Associate Attorney with Berardi Immigration Law, Zach Ahlstrom, recently had a successful TN application presented by one of our clients to Customs and Border Protection located at the Peace Bridge port of entry in Buffalo, New York. This client was applying under the Graphic Design designation. In order to qualify under this designation, the beneficiary must possess at least a Bachelor’s Degree in a relevant field. The applicant had a Bachelor’s Degree in  the Fine Arts from a U.S. institution. The applicant provided a description of prior work experience and was approved for the TN visa. If you are interested in pursuing a TN visa, be sure to contact Berardi Immigration Law to schedule a consultation with one of our attorneys today!

TN Visa Case Summary 07.17.2019

Associate Attorney with Berardi Immigration Law, Zach Ahlstrom, recently had a successful TN application presented by one of our clients to Customs and Border Protection located at the Peace Bridge port of entry in Buffalo, New York. This client was applying under the Economist designation. In order to qualify under this designation, the beneficiary must possess at least a Bachelor’s Degree in economics, or another related field. Our client had a Bachelor’s Degree in commerce.

While the beneficiary’s degree was not specifically in economics, we were able to highlight in our client’s transcripts the many economics, finance, and economics courses that they had in fact completed. All of these courses related directly to the prospective Economist job position.  Our client was approved TN status for the full three-year period.

If you are interested in pursuing a TN visa, be sure to contact Berardi Immigration Law to schedule a consultation with one of our attorneys today!

TN Visa Case Summary 07.05.2019

Zach Ahlstrom, an Associate Attorney here at Berardi Immigration Law, recently had a successful TN-visa application presented to Customs and Border Protection (CBP) at the Peace Bridge located in Buffalo, NY. The applicant was applying for a job in the U.S. as an economist. Generally, with an economist designation, an applicant has to show that he or she has a bachelor’s degree in the related field. In our case, the applicant had a degree in commerce.

Although it was not specifically in economics, we were able to obtain an approval of this application by highlighting the specific courses that our client has completed during his undergraduate studies that were related and qualified him for the position in the U.S. During the interview, the CBP officer asked our client about his education, but our client was able to explain how he was qualified for the position. As a result of our successful preparation, this application was approved for a three-year period.

If you are interested in applying for a TN visa, be sure to contact our office to schedule a consultation with one of our attorneys today!

L-1 Case Summary 07.05.2019

Zach Ahlstrom, an Associate Attorney here at Berardi Immigration Law, recently had a successful L-1 application presented to Customs and Border Protection (CBP) at the Peace Bridge located in Buffalo, NY. This L-1 application was for a manager who didn’t necessarily manage people. Instead, this applicant managed an essential function or component within the organization itself.

In this situation, we had to show that the applicant managed a core segment of the company/petitioner’s customer base. We had to show that the applicant was exercising autonomous decision making over the day-to-day activities of the sales team. Although, he didn’t have direct reports, his decisions and guidance affected other departments or employees within the company. Ultimately, he was able to explain his managerial authority to CBP and his application was approved for a three-year period.

If you are interested in applying for an L-1 visa, be sure to contact our office to schedule a consultation with one of our attorneys today!

L-1 Case Summary 06.26.2019

Gabriella Agostinelli, Senior Associate Attorney with our firm, recently had a successful L-1 application presented to Customs and Border Protection at the Peace Bridge port of entry in Buffalo, New York. This L-1 was for a first time applicant. We were able to submit this application as our client had just recently reached his one full year of employment with the Canadian company abroad.

One quirk in this case was that while the U.S. operations were in existence, they have been rather slow growing since incorporation in 2016. We needed to show that the company is in fact doing business in the U.S.  To do so, we included invoices and payroll records from the company’s other U.S. employees. We also included financial statements to prove that revenues have been steadily increasing over time. Customs and Border Protection found all of this information to be helpful and our client was successfully approved for the full three-year period requested.

If you are interested in applying for an L-1 visa, please be sure to contact our office to schedule a consultation with one of our attorneys today!

L-1B Case Summary 06.07.2019

Zach Ahlstrom, an Associate Attorney with Berardi Immigration Law, recently had a successful L-1B application presented to Customs and Border Protection at the Peace Bridge port of entry located in Buffalo, New York. The L-1B visa, unlike the more common L-1A visa, allows a U.S. employer to transfer a professional employee with specialized knowledge relating directly to the organization’s interests from one of its properly affiliated foreign offices.

There are three basic requirements for an L-1B application. First, we must show that the individual was employed by an affiliated foreign entity for at least one full year of the last three in a specialized knowledge position. Second, we need to show that the individual is entering the U.S. to engage in a specialized knowledge position for the U.S. affiliated entity. Lastly, we need to prove that the individual actually possesses this specialized knowledge. For this application, we provided training manuals, a letter from human resources confirming the individual’s specialized training, and special training certificates that the individual received from training courses over the years.

Our client was approved for the full period requested. If you are interested in learning more about the L-1B category, be sure to contact Berardi Immigration Law to schedule a consult with one of our attorneys today!

TN Management Consultant Case Summaries 06.04.2019

Jennifer Behm, Partner at Berardi Immigration Law, recently had two successful TN Management Consultant applications processed by Customs and Border Protection at the Peace Bridge port of entry located in Buffalo, New York. The TN Management Consultant application is one of the most highly scrutinized categories under NAFTA. Unlike other TN categories, this is the only category that allows for five years of related industry or consulting experience in lieu of possessing a Bachelor’s Degree.

The first case was for an applicant who was offered a consulting contract with an actual consulting company in the U.S. We were able to prove that the applicant would be entering the U.S. to perform work directly on behalf of the consulting company. The applicant was approved for a full three-year period. The second case was for a client who had his own consulting company in Canada and had an offer to work as an independent contractor for a U.S. company. The client was being brought in to advise the high-level managers and executives in order to provide strategies. The client was approved for the full two-year period requested.

If you are interested in learning more about the TN Management Consultant designation under NAFTA, be sure to contact Berardi Immigration Law to set up a consultation with one of our attorneys today!