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Berardi Blog

The Berardi Immigration Law blog – find all our posts here.

  • L-1 Visa: Qualifying Relationship & Qualifying Employment Requirements

    The L-1 nonimmigrant visa category is for intracompany transferees. It allows certain individuals who have one year of qualifying employment abroad in an executive, managerial, or specialized knowledge position to transfer to a related U.S. business entity with a qualifying relationship. What is a “Qualifying Relationship”? A qualifying relationship exists if the foreign entity is […]
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  • Understanding the E-2 Visa: A Guide to the Source of Investment Funds

    Navigating the complexities of U.S. immigration law requires a nuanced understanding of various visa classifications, particularly when it comes to investment-based immigration. One such pathway is the E-2 Treaty Investor Visa, a critical tool for nationals of treaty countries looking to start a U.S. company.  The Basics of the E-2 Visa The E-2 nonimmigrant classification […]
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  • L-1 intracompany transferees who are Intermittent Border Crossers

    The L-1 nonimmigrant visa category is for intracompany transferees. It allows certain individuals who have one year of qualifying employment abroad in an executive, managerial, or specialized knowledge position to transfer to a parent, subsidiary, branch, or affiliate business entity in the U.S. This visa category is meant to facilitate the movement of key personnel […]
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  • Green Card Backlogs & the Visa Bulletin: Breaking Down the Basics for Employment-based Applicants

    When you’re told you are subject to a green card backlog, especially in the context of employment-based immigration, it means there is a delay or wait time before you will receive your physical green card. The U.S. limits the number of employment-based green cards issued each year, and the backlog occurs because the demand for […]
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  • Northern Border Regional Commission Launches J-1 Visa Waiver Expansion Program

    On December 5, 2023, the Northern Border Regional Commission (NBRC) announced its J-1 Visa Waiver Expansion Program. As part of its effort to provide rural and underserved areas in Maine, New Hampshire, New York, and Vermont with adequate access to quality and affordable healthcare, this program aims to streamline the visa process for physicians trained […]
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  • E-2 Visa Success Story: Canadian Truck Restoration Business Goes South

    In the realm of business, the allure of international expansion is a testament to a company’s success and a gateway to untapped markets. This story highlights the ambitious journey of a Canadian truck restoration business owner who sought to expand his thriving company into the United States. The Journey Begins The client, operating a thriving […]
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  • Navigating the Physician National Interest Waiver Journey: Securing State Support from the DOH

    As part of the Physician National Interest Waiver (PNIW) process, the Petitioner will need to obtain a letter of support from Department of Health (DOH). Obtaining a letter of support from the Department of Health (DOH) for a PNIW involves several steps. It’s important to note that the process varies by state. Below is a […]
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  • Why TN Visa Holders Can’t Be Self-Employed by the Sponsoring Employer

    Today, we’re diving into an important topic for those looking to work in the U.S. under the TN visa category: why self-employment is a no-go. If you’re researching the complexities of immigration law or just curious about your options, you’re in the right place. First off, let’s understand what the TN visa category is all […]
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  • Valid Passport or Travel Document Requirement for FY2025 H-1B Registrations

    On February 2, 2024, the Department of Homeland Security (DHS) published a final rule to improve the H-1B registration selection process and program integrity. This final rule aims to streamline the process while enhancing accountability and ensuring the accuracy of beneficiary information. One of the most notable changes is the shift towards a beneficiary-centric approach, […]
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  • Breakdown of the E-1 Treaty Trader visa application process for a national of Canada

    The E-1 visa classification, often referred to as the Treaty Trader visa, is designed for individuals from “treaty countries,” such as Canada, and its primary purpose is to facilitate international trade by allowing business owners and/or their employees to work and live in the U.S. while engaged in substantial and principal trade with the U.S. […]
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  • Self-Employment in the U.S. Immigration System

    Someone who is self-employed is defined as someone who works for oneself as a freelancer (also known as an independent contractor) or the owner of a business rather than for an employer. There are multiple ways you can work for yourself in the United States as a nonimmigrant. To do so, you must first obtain […]
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  • New Asylum Program Fee

    Last month, USCIS announced a final rule, which adjusts certain immigration and naturalization benefit request fees for the first time since 2016. This final rule goes into effect on April 1, 2024. Included in this final rule is a new Asylum Program Fee of $600 that employers will have to pay if they file either […]
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  • H-1B Visa: Why the cap? A look into congressional history

    The H-1B visa program, established by the Immigration Act of 1990, has undergone several modifications since its inception. The cap on H-1B visas—set at 65,000, with an additional 20,000 for those holding a U.S. master’s degree or higher—has been a subject of considerable debate and legislation, reflecting a balance between competing interests of protecting domestic […]
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  • Understanding the E-2 Visa Nationality Requirement

    The E-2 visa category offers a unique pathway for nationals of treaty countries to invest in the United States, fostering economic growth and creating employment opportunities. This nonimmigrant classification not only allows the primary investor to reside in the U.S. but also permits certain employees of the investor or the qualifying organization to obtain this […]
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  • USCIS Guidance Provides Clarity for F and M Student Visa Holders

    U.S. Citizenship and Immigration Services (USCIS) has recently issued comprehensive policy guidance concerning F and M student nonimmigrant classifications, aiming to provide clarity on various aspects of student visas. It covers topics such as employment authorization, change of status, extension of stay, and reinstatement of status for F and M students and their dependents. This […]
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  • Navigating the H-1B Visa Process: What is a Specialty Occupation?

    In the realm of U.S. immigration law, the H-1B visa stands out as a beacon of opportunity for foreign nationals seeking temporary employment in specialty occupations within the United States. This visa category is instrumental for U.S. employers who are looking to sponsor highly skilled professionals in fields that demand a robust application of specialized […]
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  • EB-2 National Interest Waiver Policy for STEM Graduates

    Since 1990, the Immigration and Nationality Act (INA) has provided that certain individuals eligible under the Employment-based, second preference (EB-2) immigrant visa classification may obtain a waiver of the job offer requirement if the U.S. Citizenship and Immigration Services (USCIS) deems such waiver to be in the “national interest.” This waiver provision applies only to […]
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  • L-1A Visa FAQ

    Do you hold a managerial or executive position with a multinational company? Would you like to come to the U.S. to work for the company’s U.S. operations? The L-1A visa may be a good option for you! What is the L-1A Visa Classification? The L-1A nonimmigrant visa classification is for intracompany transfers. It allows certain […]
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  • Definition of the “Employer-Employee Relationship” in H-1B Petitions

    U.S. Citizenship and Immigration Services (USCIS) requires an employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid “employer-employee relationship.” In 2020, the agency issued an updated policy guidance to adjudication officers, which clarified the requirements to establish an “employer-employee relationship” to qualify for the H-1B […]
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  • Exemption from the 6-Month Passport Validity Rule

    U.S. Customs and Border Protection (CBP) has recently announced an update to its Carrier Liaison Program (CLP), presenting a refreshed list of countries exempt from the six-month validity rule for passports. This update, effective as of January 28, 2024, supersedes any previous lists, including those found in the 2022–2023 Carrier Information Guides. The six-month validity […]
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