Working in the U.S.

Each year, Berardi Immigration Law assists hundreds of individuals and corporations with professional transfers to the United States from around the globe. Generally, a citizen of a foreign country who wishes to enter the U.S. for work must first obtain either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence.

  • Nonimmigrant status allows a person to enter the U.S. for a limited period of time.
  • These visa categories generally require an employer to first file a paper-based, nonimmigrant petition with U.S. Citizenship and Immigration Services (USCIS).
  • The foreign national may then use an approved petition to apply for a visa at a U.S. Embassy or Consulate abroad.
  • Upon issuance of the visa into the applicant’s passport, the employee may then enter the U.S. to work for the sponsoring employer.

Certain nonimmigrant categories (L-1 and TN) allow Canadian citizens to apply in-person for temporary work status at a Class A port-of-entry to the U.S. Upon approval, a work permit is issued on-the-spot and the Canadian may begin employment in the U.S. that same day.

Nonimmigrant Visa Categories

There are many different types of visas available for working in the United States. For more information about nonimmigrant visa categories, the petition process, eligibility requirements, and numerical limits, click on the links below.

Recent "Working in the US" Posts

New EB-5 Rule Nearly Doubles Minimum Investment

USCIS has recently published a final regulation changing the EB-5 Program that awards permanent resident status to certain investors who create at least ten new jobs for U.S. workers. This new EB-5 rule will be effective for I-526 filings arriving at USCIS on or after November 21, 2019. The new EB-5 investments must be at least $900,000…

USCIS Proposes Filing Fee Increases

On November 14, 2019, United States Citizenship and Immigration Services (USCIS) issued a proposed regulation, which would substantially increase the filing fees for many types of immigration benefits. The agency’s notice of proposed rulemaking, which is published in the Federal Register, explains that the proposed regulation would increase costs for most petitioners and applicants…

Modernizing NEXUS AIR Processing at Canadian Airports

The Canada Border Services Agency (CBSA) just recently announced it will be modernizing the way NEXUS members are processed at Canadian airports. The existing NEXUS kiosks that use iris recognition technology will be replaced with new, modernized NEXUS kiosks that use facial verification technology. This new process will first launch in fall 2019 at Vancouver International Airport, with other Canadian airports following in the ensuing months. NEXUS members can enter Canada using the NEXUS self-serve kiosks at designated airports, regardless of where they are coming from. For example, a member returning to Canada from overseas and arriving in Toronto can use a NEXUS kiosk in Toronto. If you are a NEXUS member, you will need your passport the first time you use a new kiosk. You will be prompted to upload your passport photograph during your first passage for storage and identity verification purposes. Members who do not have a passport will be referred to an officer for identity verification. It is important to note that declarations cannot be completed at the new kiosks. If you have something to declare, you will have to do so verbally at a clearly marked area in customs after using the kiosk. This modernization […]