Berardi Blog

To all our friends down under: if the H-1B lottery hasn’t worked out for you, don’t lose heart. The E-3 visa stands out as a fantastic back-up option, and is exclusively for Australians, offering a smoother pathway to employment in the U.S. Let’s explore how the E-3 visa could be your golden ticket, why applying […]

In the competitive skincare industry, a Canadian entrepreneur with a successful product line sought to expand into the U.S. market. Understanding the complexity of U.S. immigration laws, the entrepreneur approached our firm for guidance on how to effectively expand their business across the border. Strategic Planning After a detailed discussion with our team, it was […]

If you’re a Canadian or Mexican citizen and are feeling down because you weren’t selected in the H-1B visa lottery, we’ve got some good news for you: the TN visa category could be saving grace for staying in the U.S. Every year, thousands of international students face the uncertainty of the H-1B lottery, a process […]

Embarking on international expansion is a significant step for any business, marked by challenges and opportunities alike. This narrative outlines the journey of a Canadian company, specializing in greenhouse kits, as it ventured into the U.S. market by establishing a subsidiary in Florida. This story is not only about business expansion but also a testament […]

The E-1 “Treaty Trader” visa is a nonimmigrant visa classification designed for citizens of countries that maintain a treaty of commerce and navigation with the U.S. (e.g. Canada, the U.K., Australia, etc.). 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 […]

Navigating U.S. immigration law to secure a TN work permit can be a daunting process. We’re excited to share a success story from Berardi Immigration Law, showcasing how careful preparation and understanding of immigration requirements can lead to positive outcomes. This story features a Canadian accountant who successfully obtained TN status, highlighting key steps and […]

The PERM labor certification process, overseen by the Department of Labor (DOL), requires U.S. employers to prove that there are no available, qualified U.S. workers for a position in which they want to permanently place a foreign worker. In the event a company has layoffs while undergoing PERM for foreign national talent, there are special […]

Embarking on the path to establishing a business in a new country is no small feat. It requires not just a vision but a deep commitment to turning that vision into reality. Today, we share a more grounded yet equally inspiring story of an entrepreneur who achieved this through the E-2 visa route, focusing on […]

The Health and Human Services (HHS) J waiver, an integral part of U.S. immigration policy, allows foreign medical graduates on J-1 visas to waive their two-year home-country physical presence requirement under specific conditions. This option proves beneficial for physicians specializing in primary care who are within a year of completion of a medical residency program.  […]

The National Interest Waiver (NIW) stands as a beacon of opportunity for certain immigrants who wish to bypass the traditional labor certification process required for certain employment-based green cards. This waiver is particularly relevant for those who demonstrate that their work in the United States would be of national interest. The interpretation of “national interest” […]

Experiencing a layoff can be a challenging period, especially for those on employment-based visas in the U.S. However, filing an I-539, Application to Extend/Change Nonimmigrant Status, can provide the breathing space needed to strategize your next move. This application allows nonimmigrants to transition from their former employment-based nonimmigrant category to another nonimmigrant status, like a […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]