TN Case Summaries 03.11.2019

Gabriella Agostinelli, our Senior Associate Attorney, recently had two successful TN applications submitted to Customs and Border Protection at the Peace Bridge Port of Entry, located in Buffalo, New York. The first TN application was a bit complex in that unlike most TN applications, our client’s degree was not an exact match for the category he was applying under, the Computer Systems Analyst category. While our client’s degree was in Economics, we were able to highlight within his transcripts that he had actually taken several computer-related courses. Our client was successfully approved for the full requested TN period. The second TN application was for a Management Consultant case. These applications can be difficult in nature. However, unlike in some cases, our client was being retained by a Management Consulting firm located in the United States. This enables us to easily prove the continued need for our client’s services as a management consultant in the United States. This client was also successfully approved for the full three-year period requested. If you are interested in applying for a TN under the Computer Systems Analyst category or the Management Consultant category, be sure to contact Berardi Immigration Law to schedule a consultation with one of our attorneys today!

L-1 and TN Case Summary 02.01.2019

Senior Associate Attorney Gabriella Agostinelli recently had two successful applications presented to Customs and Border Protection at the Peace Bridge Port of Entry, located in Buffalo, New York. The first case was an L-1 renewal application. This client was applying for the last three years of eligible L-1 status remaining out of seven. Because this was a renewal application, we provided evidence that the U.S. entity is still in business including client contracts, invoices, and financial statements. The client met our NAFTA Paralegal, Sam Tiranno, in Fort Erie, Canada to review the application immediately before presenting. The client was successfully approved for L-1 status for the full three years requested. The second application was for a TN for a Mechanical Engineer. In this application, we proved that the applicant had all of the required credentials in order to qualify for this category including the necessary license, as well as a Bachelor’s Degree in Mechanical Engineering. This application was also successfully approved for the full time period requested. If you would like to learn more about the TN or L-1 visa category, be sure to contact Berardi Immigration Law to schedule a consult with one of our attorneys!

Tn and L-1 Case Summary 02.05.2019

Rosanna Berardi, the Managing Partner of Berardi Immigration Law, recently had two successful cases presented to Customs and Border Protection at the Peace Bridge in Buffalo, New York. The first case was a TN application. This case was unique because this client had previously been denied at the border when trying to apply for TN status. TN applications can be complex and this is why we always recommend discussing your options with an experienced immigration attorney before trying to do it yourself. Our firm prepared her package and Rosanna met her in Fort Erie in order to review her application and answer all of her last minute questions. The client was successfully approved for TN status for a one-year period. The second case was for an L-1 application. This case was also unique in that the U.S. entity was incorporated in 2014 but did not yet have any ongoing business. Our office tackled this issue by treating the application as a “new office” application. We were able to provide a business plan and U.S. office lease and this application was also successfully approved by CBP. If you are interested in learning more about the L-1 or TN visa, be sure to contact Berardi Immigration Law today!

L-1 Case Summaries 11.28.2018

Gabriella Agostinelli, our Senior Associate Attorney, recently had two L-1 applications successfully approved by Customs and Border Protection at the Peace Bridge, located in Buffalo, New York. The first L-1 application was a bit different from our average L-1 application, as it was for a new office in the United States. The company was well established in Canada, but had only been recently incorporated in the United States. To prove the new office’s ongoing business we provided the government with the lease agreement, business plan, and incorporation documents. This L-1 application was successfully approved for one year, which is the maximum approval period for a new office application. The second application was for an individual who was renewing his L-1 status. This application was also a bit different than the standard L-1 application as in this scenario the U.S. operations were a bit smaller than is usual. We were able to provide enough documentation to prove that the U.S. business has sufficient operations. The application was successfully approved for a three year period. If you are interested in learning more about the L-1 category, be sure to contact Berardi Immigration Law to schedule a consultation with an attorney today!

L-1 and TN Case Summary 11.08.2018

Senior Associate Attorney Gabriella Agostinelli recent had three successful applications presented by our clients to Customs and Border Protection at the Peace Bridge located in Buffalo, NY. The first case was a challenging L-1B application. Unlike L-1A applications which require the applicant to hold a managerial or executive position, the L-1B application requires that the applicant possess specialized knowledge unique to the company and its services. This L-1B case was a bit more challenging than usual for three reasons. The first reason was that the client was already beyond the allotted five-years of eligible status. We were able to provide one year of credit card and utility statements to prove that our client only makes periodic entries into the United States and maintains his permanent residence in Canada. The second reason was that the client was a full-time exclusive contractor, rather than an actual employee of the company as we typically see. To overcome this, we were able to provide a letter from HR describing the payment process and bank statements proving that funds are direct deposited into the client’s bank account. The last hurdle was simply to prove that the client possessed specialized knowledge which, in general, can be difficult. We were able to use the beneficiary’s unique education and training, as well as his many years of experience with the company and its proprietary systems to prove that he does in fact possesses specialized knowledge. Our client was approved for the full time period requested. The other two successful applications were for a TN Computer Systems Analyst and a TN Management Consultant. Those applications were also approved for the full time periods requested. If you are interested in working in the United States, be sure to contact Berardi Immigration Law to speak to one of our attorneys today!

L-1 Case Summary 10.18.2018

Senior Associate Attorney Gabriella Agostinelli recently had an L-1A renewal application successfully approved by Customs and Border Protection at the Vancouver International Airport in Canada. This was our client’s second L-1A application. This case was unique because unlike traditional managers, our client managed a function of the company, rather than managing people. In the application we were able to prove that our client managed an entire sales division in the United States worth more than $1.9 million. This was a huge contribution to the company’s successful operations in the U.S. and we were able to argue that our client clearly has a managerial role with great responsibility. In this instance, our client lived on the West Coast and was unable to meet us Fort Erie in Canada in order to prepare for the submission. Rather, Gabriella had a very in-depth phone call with our client thoroughly reviewing her application and answering all of her last minute questions. Our client was successfully approved L-1A status for a three year period. If you are interested in working in the United States, contact our office to schedule a consultation with one of our attorneys today!

L-1A Case Summaries 10.15.2018

Last week, Associate Attorney Catherine Dines Kettner had two successful L-1A applications presented to Customs and Border Protection by our clients at the Peace Bridge in Buffalo, New York. Both clients worked for the same company.  These applications were a bit different in terms of their corporate taxes. Often times, as a form of viable operations of both the foreign and U.S. entity, we will include tax returns. However, for tax purposes in this particular case, it appeared that neither entity had ongoing operations. Because of this, we instead included invoices and other documents as evidence of ongoing viable operations for both entities. Both clients had straightforward managerial roles and Catherine was able to detail this in the applications. Our clients met with our NAFTA Paralegal Sam Tiranno in Fort Erie, Canada immediately before presenting their applications. Sam went through the applications with them and answered all of their last minute questions. Both applications were successfully approved for the full length of time requested! If you are interested in applying for an L-1 application or have questions about it, please contact our office today!