Recapping Berardi Immigration Law’s Busy Week at the Border

Last week, Berardi Immigration Law accompanied seven clients to the border to present their cases before Customs & Border Protection (CBP) at the Peace Bridge in Buffalo, N.Y. Once again, we were successful in having all of our clients’ petitions approved.

Renewal of L-1A (1) and L-1B Status (2)
Among our many cases, we assisted three individuals applying for renewal of L-1 status. One of these clients was an L-1A Intracompany Transferee Manager and the other two were L-1B Intracompany Transferees with Specialized Knowledge.

Immigration regulations allow aliens to retain L-1A status for only seven years. Similarly, aliens can only retain status in the L-1B category for five years. After this time is up, these individuals must wait at least one year before filing a new L-1 petition. However, the regulations do allow for some flexibility if the L-1 holder is an intermittent traveler who makes only periodic entries into the U.S.

All three of our L-1 renewal clients had primary residences in Canada and only entered the U.S. for work on an as-needed basis. In fact, each of these clients had spent less than 20 days in the U.S. during the last year – far less than the regulatory threshold of 183 days. As such, the government allowed our clients to once again extend their L-1 statuses.

New L-1A Status
One of our clients was also granted L-1A status for the first time. Our firm regularly presents comprehensive L-1A packages on behalf of Canadian companies of all sizes who seek to transfer their business personnel to the U.S. from Canada. As in the case of this particular client, we also assist companies whose employees currently hold L1-B status to petition for their transfer to L-1A status.

TN Petitions: Reconsidering a Denied Petition
The last three border cases we tackled last week involved Canadians seeking TN status. Two of these clients sought entry under the Computer Systems Analyst category and the third as a Management Consultant.

In one of these cases, our client had previously had his TN petition denied by adjudicating officers at Toronto’s Pearson International Airport. After reviewing the individual’s petition, our office believed that the petition was indeed sufficient to warrant the issuance of TN status. After contacting CBP, they were willing to reconsider the petition despite the petition’s previous denial. Last Tuesday, Attorney Jennifer Behm accompanied the client to the Peace Bridge and his application was quickly approved. While it is not a general practice for the Peace Bridge to reconsider previously-denied petitions, Berardi Immigration Law will respectfully make this request on a case by case basis, depending on the strength of a client’s case.

Our office quickly and efficiently drafts successful NAFTA petitions and appears at the border several times each week to present these applications with our clients. Please contact us today to discuss NAFTA petitions and your qualifications for work authorization.

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