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Berardi Blog

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

  • 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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  • H-1B Cap Exemptions for Physicians

    The H-1B program allows companies and other employers in the U.S. to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. If the petition is granted, the H-1B visa will be […]
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  • USCUS Policy Update: Untimely Filed Extension of Stay and Change of Status Requests

    U.S. Citizenship and Immigration Services (USCIS) recently announced an update to its Policy Manual, introducing provisions that allow USCIS officers to excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner. The update […]
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  • USCIS Finalizes Fee Adjustments to Enhance Immigration Services

    In a significant development, U.S. Citizenship and Immigration Services (“USCIS”) has announced a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. This final rule aims to ensure that USCIS can recover a greater share of its operating costs and facilitate more timely processing of new applications. […]
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  • L-1B Visa FAQ

    Do you hold a position with a multinational company that requires specialized knowledge? Would you like to come to the U.S. to work for the company’s U.S. operations? The L-1B visa may be your golden ticket! What is the L-1B Visa Classification? The L-1B nonimmigrant visa classification is for intracompany transfers. It allows certain individuals […]
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  • USCIS Final Fee Rule

    On January 4, 2023, USCIS proposed a rule which would adjust USCIS fees, add new fees for benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms. The proposed rule included an increase in application fees by a 40% overall weighted average increase. The White House’s […]
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  • The Broken System: How Washington Politicians are Failing at Addressing Illegal Immigration

    Are you tired of the broken system in Washington that continues to fail at addressing illegal immigration? Look no further as our Managing Partner, Rosanna Berardi, does a dive deep into the issues at hand and explores how Berardi Immigration Law is dedicated to finding solutions for businesses and individuals seeking their American Dream. Get […]
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  • NIW vs. PERM Labor Certification: Differences, Pros & Cons

    If you’re considering applying for an employment-based green card, you may wonder what the differences are between the PERM labor certification process and the National Interest Waiver (NIW). The two processes are designed to meet different criteria. Generally, applying for either an EB-2 or EB-3 visa requires a specific job offer and a PERM labor […]
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  • Understanding Unskilled Workers Under the EB-3 Visa Category

    An Employment-Based, Third Preference (EB-3) immigrant visa allows individuals to work and live in the United States on a permanent basis. Within the EB-3 visa category, there are three subcategories: professional workers, skilled workers, and unskilled workers. All three EB-3 subcategories require obtaining labor certification, proof of a permanent, full-time job offer from a U.S. […]
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  • FAQ: E-1 Treaty Trader Visa

    The E-1 Treaty Trader visa is a nonimmigrant, employment-based visa classification that allows certain foreign nationals to engage in international trade with the United States. This visa category is designed for citizens of countries that maintain a treaty of commerce and navigation with the U.S. It allows them to be admitted to the United States […]
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  • 5 Essential Insights for Physician Recruiters & Hospitals on Physician Immigration

    Here are five essential insights from Berardi attorney Andrea Godfread-Brown relative to physician immigration for recruiters and hospitals. Understanding Visa Statuses of IMGs It’s crucial to know if an International Medical Graduate (IMG) holds H-1B or J-1 visa status. J-1 status necessitates a two-year return to the home country, impacting the transition to H-1B status […]
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  • E-2 Visa: Substantial Investment Requirement Explained

    The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for an E-2 visa, the treaty […]
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  • The H-1B Lottery Process Explained

    The H-1B program allows U.S. employers to sponsor foreign nationals for temporary employment in “specialty occupations.” Essentially, a “specialty occupation” is a role requiring at least a bachelor’s degree, or its equivalent, in a field related to the U.S. position. Since the establishment of the H-1B program in 1990, Congress has set an annual cap […]
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  • Streamlining Visa Processes: New Interview Waiver Categories Announced

    In a move aimed at enhancing efficiency and adapting to evolving needs, the Secretary of State, in consultation with the Department of Homeland Security, has identified specific categories for interview waivers deemed to be in the national interest. These changes, effective January 1, 2024, grant consular officers the authority and discretion to waive in-person interviews […]
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