Berardi Immigration Law has just rolled out a new website feature called the “NAFTA News Center.” This one-stop shop provides our clients with everything you need to know about the TN and L-1 nonimmigrant categories, including up-to-date information on current adjudication trends, answering frequently asked questions, and in-depth breakdowns of each visa category. This will be an ongoing project. Our attorneys constantly monitor the application process, and the “NAFTA News Center” will highlight their experiences. After each visit to the border, our attorneys will be posting videos to discuss how their case went, the challenges they faced, ways to improve the process, and general tips and tricks for successfully handling a TN or L-1 application.
Managing Partner of Berardi Immigration Law, Rosanna Berardi, met two of our clients in Fort Erie, Canada to review their NAFTA applications that our firm prepared. The first application was a TN renewal for a Computer Systems Analyst. While these applications are typically very straightforward, this one was a bit of a challenge as the applicant’s related education was obtained overseas in China. Rosanna ensured that his education was properly evaluated and translated, and that this documentation was included in the petition. The application was successfully approved. Our second application was an L-1A for a Human Resources Manager. Our client was told when applying for her NEXUS card that she needed to obtain a work visa. After reviewing her travel and job duties, we determined that the L-1A would be the best fit for her. We successfully prepared the application and it was approved by Customs and Border Protection.
On November 6, 2017, Jennifer Behm, Partner of Berardi Immigration Law, met one of our clients in Fort Erie, Canada to assist him in preparing to present his L-1A application to Customs and Border Protection. This was a strong case as our client is the Chief Executive Officer of a successful IT company. However, one issue that Jennifer prepared him for was that the U.S. subsidiary of the Canadian entity does not generate its own financial documents. To solve this problem, Jennifer recommended submitting the U.S. company’s lease, most recent tax return, pay roll records, and a breakdown of their U.S. based clients along with sales records for the past year. Jennifer provided our client with all application materials and went through the application in-depth with him to answer all of his questions and concerns. Our client successfully presented his L-1A application at the Buffalo Peace Bridge and was approved for a full three year period.
On October 18, 2017, Rosanna Berardi, Managing Partner of Berardi Immigration Law, met two of our clients at Fort Erie to help them each prepare to present their L-1 and TN Management Consultant applications to Customs and Border Protection at the Peace Bridge in Buffalo. The first case was an L-1A Intracompany Transferee in which we were seeking to extend his status for an additional three years. Rosanna brought his prepared materials, made sure he understood the corporate affiliation and corporate documentation, could effectively explain his managerial role with the company and helped prep him for some of the possible questions that CBP may ask. Our client was successfully approved for the requested three-year period. In the second case, our client was looking to extend his TN Management Consultant status. This case was a bit more challenging, as you have to prove to the government that the nature of the position is, in fact, consulting work and not actual direct employment. After speaking with Rosanna, our client was able to effectively communicate this to the government and his application was also approved.
On October 10, 2017, Jennifer Behm, Partner here at Berardi Immigration Law, met one of our clients in Fort Erie, Canada to prepare him in presenting his TN Management Consultant application to Customs and Border Protection. Our client works for a consulting company in Canada and was applying for a one-year extension so that he could continue working on a specific project in the United States. Extension applications in the Management Consultant category can be challenging, as it is vital to prove that the need for the consulting services still exists beyond the prior approval. At their meeting, Jennifer provided our client with his TN application materials, went through the application in depth with him, prepped him for some of the questions that Customs and Border Protection may ask, and answered all of his own questions. Our client was successfully approved for the desired one-year extension in the TN Management Consultant category.
On September 28, 2017, Gabriella Agostinelli, Associate Attorney here at Berardi Immigration Law, met with one of our clients in Fort Erie to prepare him for presenting his TN application to Customs and Border Protection under the Scientific Technician category. This TN category is different from the typical category, as in this role an applicant does not need to possess a bachelor or licenciatura degree. Rather, an applicant must be able to present evidence to establish that he or she has at least two years of training in a relevant educational program in one of the following scientific areas: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics. Among other criteria, the applicant must also be able to present evidence to establish that he or she has theoretical knowledge in one of the above areas. For these reasons, Scientific Technician applications are often considered a challenge. Luckily, with Gabriella’s expert preparation and guidance, our client’s application was approved!