Summer is almost here, and for many, that means vacation. Summer travel doesn’t have to be stressful. Be sure to follow these tips for hassle-free travel and an easy start to your vacation! Prepare ahead of time, especially for international travel Before you step out of the door, make sure you’ve done your research. Be sure to have all appropriate documents, such as passports and airplane tickets. Make sure you’re up to date on prohibited items before reaching the border or security at the airport. If you’re driving across the border, verify that your car insurance still covers you. Call your credit card companies ahead of time to let them know you’ll be traveling; the last thing you want to deal with on vacation is no access to your credit card. Plan for delays Delays are usually inevitable, especially at major international airports. Incorporate this into your plan to make sure you have enough time for connecting flights. If you plan on driving, have alternate routes mapped out. You can check the crossing times at ports of entry at the Canadian and Mexican border online. Sometimes taking the scenic route can end up saving you time and a headache. Stay […]
USCIS aims to improve the integrity of the F-1 and Optional Practical Training (OPT) programs by implementing an updated process that ensures consistency between Student and Exchange Visitor Program (SEVP) and USCIS systems and informs students of the potential consequences of working with a terminated employment authorization document (EAD). Under current regulations, F-1 students in the United States on OPT face automatic termination of their OPT if they transfer to another school or begin studying at another educational level. In addition, a student’s corresponding EAD will be automatically terminated as well. While transfer to another school or commencement of study at another educational level automatically terminates OPT authorization, F-1 students who continue to comply with all requirements to maintain their status will not otherwise be affected. One such requirement is not working with a terminated EAD, since a terminated EAD results in a lack of authorization to work in the United States. Failing to comply with this and other requirements carries significant penalties such as removal or bars on reentry to the U.S. Under the Immigration and Nationality Act, there is an additional set of penalties for those remaining in the U.S. in violation of lawful nonimmigrant status who accrue […]
If you’re currently in the U.S. as an F (student), J (exchange visitor) or M (vocational student) nonimmigrant, it is important to understand how USCIS determines and tracks the accrual of unlawful presence, because current methods are about to change. Current Policy According to the current USCIS policy, foreign students and exchange visitors (F and J nonimmigrants) who were admitted to the U.S. for the duration of their course of study, also known as duration of status, start to accrue unlawful presence on: The day after USCIS formally finds a nonimmigrant status violation; or The day after an immigration judge orders the nonimmigrant excluded, deported or removed. Alternatively, foreign students, exchange visitors and foreign vocational students (F, J and M nonimmigrants), who were admitted until a specific date, start to accrue unlawful presence on: The day after their Form I-94 expires; The day after USCIS formally finds a nonimmigrant status violation; or The day after an immigration judge orders the nonimmigrant excluded, removed or deported. It is important to note that the current policy went into effect in 1997. It was drafted years before the creation of modern technology that is now being used by DHS to monitor the status […]
We are pleased to announce the launch of Rosanna Berardi’s media website, www.rosannaberardi.com. With over 20 years of experience, Rosanna is an active media consultant and corporate speaker. She is regularly featured in the local and national media, including the Los Angeles Times, Forbes, Huffington Post and the National Post, and she works tirelessly to stay up-to-date with all the current changes and trends in the field. Whether it’s policy under the Trump administration, DACA, or privacy rights at the border, Rosanna is your trusted source for all things immigration. The Berardi Advantage Rosanna has a unique advantage over her peers. Her experience as a former INS Inspector, coupled with her experience as the Managing Partner and Founder of Berardi Immigration Law allows her to provide a more accurate look at today’s immigration system. She possesses an unmatched and incredibly vast knowledge of the inner workings of the immigration system inside and out. Are you looking for a speaker for your next professional conference? Could your employees benefit from an immigration training session? If so, be sure to contact Rosanna Berardi today toll-free at 1-877-721-6100!
Rosanna Berardi, Managing Partner of Berardi Immigration Law, has been elected Vice Chair of the University at Buffalo Center for Entrepreneurial Leadership Alumni Board. The mission of the CEL Alumni Board is to promote business growth through networking, mentoring and education, extending the CEL experience. A graduate of the University at Buffalo Law School, Berardi founded Berardi Immigration Law 13 years ago. With over 20 years of comprehensive immigration experience, she has dedicated her entire career to U.S. immigration law and has helped countless individuals and corporations transfer to the U.S. Her former experience as a legacy INS inspector and attorney, a SUNY Buffalo Immigration Lawyer and a Senior Associate at Buffalo’s largest law firms allows her to view immigration law from a holistic perspective that most practitioners lack. Berardi Immigration Law is a business immigration law firm headquartered at 2300 Wehrle Drive in Buffalo. The firm has additional offices in Newport Beach, Toronto and London. Berardi Immigration Law is recognized for its reputation in delivering responsive and exceptional immigration services with a strong focus on employment and family matters. The firm is particularly adept at handling unusual and urgent border-crossing issues between the U.S. and Canada. For more information […]
Beginning April 30, 2018, U.S. Citizenship and Immigration Services (USCIS) began phasing in use of the U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service. The USPS service is now used to mail Green Cards and other secure immigration documents. It is important to note, however, that the first phase of this new delivery method will not affect every individual expecting secure documents. It will likely only affect those documents that need to be re-mailed because they were returned as non-deliverable. Applicants who have changed mailing addresses during the course of the application process are more likely to have their secure documents sent with the new delivery method. The new delivery method will require applicants to present identification to sign for their documents upon delivery. Individuals will also have the option to designate an agent to sign on their behalf. An agent can be designated by completing the Postal Service’s PS Form 3801 or PS Form 3801-A. In addition, applicants will be able to sign up for USPS Informed and will have the option to arrange for convenient pickup of their documents at a post office of their choosing. The purpose of implementing Signature Confirmation Restricted Delivery is to increase […]
USCIS recently released a Policy Memorandum (PM-602-0159) designating Matter of S- Inc. as an adopted decision. In other words, the decision announced by the Administrative Appeals Office (AAO) in Matter of S- Inc. is now USCIS policy. So, what happened in that case? In Matter of S- Inc., the Petitioner, a software development company, was seeking to classify the beneficiary as an H-1B nonimmigrant. However, the Director of the USCIS Vermont Service Center revoked the petition’s approval on notice, concluding the Petitioner and a “related entity,” C-LLC, impermissibly filed petitions for the same beneficiary. According to 8 C.F.R. § 214.2(h)(2)(i)(G), an employer is prohibited from filing more than one H-1B petition on behalf of the same alien. In addition, USCIS will deny or revoke the approval of all H-1B cap-subject petitions filed by “related entities” for the same beneficiary if the petitioner fails to demonstrate a legitimate business need to file multiple petitions. The key issue in Matter of S- Inc. was whether the Petitioner and C-LLC were “related entities” for the purpose of the multiple filings bar. The Petitioner argued that “related entities” only referred to organizations that are related through corporate ownership and control, such as a parent […]