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Berardi Blog

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

  • A Path Forward for the Canadian Border?

    The Canadian border has been restricted since March 2020. For the last 16 months or so, all inbound travellers (essential travellers or returning citizens/permanent residents) to Canada have been subject to a mandatory 14 day isolation period, in addition to testing requirements. In February 2021, the Federal Government introduced the mandatory “hotel quarantine” which required […]

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  • The Name Change Process for Naturalized Citizens

    The United States offers several different processes for people to legally change their name. There are different procedures that must be followed based on your citizenship or immigration status. In addition, many states have different rules governing name changes. For example, some US states do not even require native US citizens to file with the government […]

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  • Phased Reopening to the US-Canadian Border

    On Wednesday, Canadian authorities announced a phased reopening of the U.S.-Canadian border. No official schedule or start date has been released, but once implemented, this will represent the first opportunity for non-essential travel across the border in over a year. It is anticipated that the first phase will loosen the 14-day mandatory quarantine period for […]

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  • Lawsuit Challenges Using Wages as an H-1B Selection Factor

    A lawsuit has been filed in the D.C. District Court which challenges a final rule affecting the H-1B lottery process. This rule would give preference to H-1B applicants who make the highest salaries in their respective field. Those who filed the lawsuit, as well as those who support it, claim this rule is unfairly advantageous […]

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  • DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

    On May 19, 2021, the Department of Homeland Security (DHS) issued a final rule which removes constraints put on H-1B applications from the 2020 interim final rule “Strengthening H-1B Non-Immigrant Visa Classification Program.” What is an H-1B Non-Immigrant Visa? The H-1B is a visa available to individuals who wish to work in a specialized occupation […]

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  • DHS Announces Continuation of International Entrepreneur Parole Program

    On May 10, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is withdrawing a 2018 notice of proposed rulemaking that sought to get rid of the International Entrepreneur Parole program (“IEP Program”). The IEP Program was established by DHS through the International Entrepreneur Rule (“IE Rule”) during the final […]

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  • Update: Current COVID-19 Travel Restrictions for Travel to the U.S. & National Interest Exceptions

    The U.S. continues to limit travel into the U.S. due to the on-going COVID-19 pandemic. As many are aware, India is experiencing the world’s worst Covid-19 outbreak. The country is facing a new wave of COVID-19 due to the widespread, on-going transmission of SARS-CoV-2, the virus that causes COVID-19, and now accounts for over one-third […]

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  • TN Spotlight: Soil Scientist

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. Under current regulations, there are 63 professional occupations under which an individual may qualify. One such occupation is a Soil Scientist.   How to Qualify for TN Status as a Soil Scientist  To […]

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  • Visa Operations Update: DOS Announces Immigrant Visa Prioritization

    On April 30, 2021, U.S. Department of State (DOS) announced U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications as DOS works to reduce the backlog of such applications resulting from travel restrictions and operational constraints caused by the COVID-19 pandemic. The tiered approach focuses on family reunification, prioritizing immediate relative […]

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  • USCIS Announces New Policy Suspending Biometrics Requirement for H-4, L-2, E Applications

    On May 3, 2021, Acting Associate Director of Service Center Operations (SCOPS) for the United States Citizenship and Immigration Services (USCIS) Connie Nolan signed a Declaration announcing the biometrics requirement will be suspended for H-4, L-2 and certain E Applications.  USCIS has the authority to require and collect biometrics, which include fingerprints, photographs, and digital […]

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  • TN Spotlight: Epidemiologist

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. employer or entity.  Under the regulations, there are 63 professional occupations under which an individual may qualify.  One such occupation is an Epidemiologist.  How to Qualify as an Epidemiologist    To qualify for TN […]

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  • President Biden’s Immigration Initiatives during his First 100 Days in Office

    When he took office in January, President Biden pledged to take several actions within his first 100 days in office to expand, improve, and transform U.S. Immigration policy and law. Specifically, he promised to roll back his predecessor’s hard-line agenda, legalize undocumented immigrants, expand legal immigration, and reassert America’s commitment to refugees. Now that the […]

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  • U.S. & Mexico Announce Change in Visa Reciprocity Revisions for Certain Work Visas

    On April 26, 2021, the Governments of Mexico and the U.S. announced a change in the visa reciprocity standards for certain work visas for Mexican citizens and work permits for U.S. citizens. The principle of reciprocity is grounded in the Immigration and Nationality Act (INA) and requires the Department of State (DOS) to set country-specific […]

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  • TN Category of the Week: Epidemiologist

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. employer or entity.  Under the regulations, there are 63 professional occupations under which an individual may qualify.  One such occupation is an Epidemiologist.  How to Qualify as an Epidemiologist    To qualify for TN […]

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  • Breaking News: DHS Plans to Increase H-2B Visas this Summer

    On April 20, 2021, the Department of Homeland Security (DHS) announced there will be an additional 22,000 H-2B visas available for foreign national guest workers in the upcoming months. The H-2B Temporary Non-Agricultural Worker program allows employers to hire foreign nationals to perform temporary, nonagricultural labor or services in the US. H-2B workers are often employed as […]

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  • Guidance for Lawful Permanent Residents having issues returning to the U.S. due to COVID-19

    The COVID-19 pandemic has prevented and deterred many individuals from traveling, including U.S. Lawful Permanent Residents (LPRs). As such, many LPRs who traveled abroad before last March may find that their status as a LPR has expired or that they have “abandoned” their residency from being out of the U.S. for too long. This has […]

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  • TN Spotlight: Occupational Therapist

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. Under the regulations, there are 63 professional occupations under which an individual may qualify. One such occupation is an Occupational Therapist.  How to Qualify for TN Status as an Occupational Therapist To qualify […]

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  • What to do if you lost your Green Card but you’re eligible to Naturalize

    You’re approaching your fifth year as a Lawful Permanent Resident (LPR) and decide it may be time to apply for U.S. citizenship, but to your dismay, you realize your Green Card is expired, lost or stolen, or even expired and lost.  You are now wondering if you are still eligible to naturalize or if you […]

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  • Oh, You Didn’t Make the H-1B Cap? Have You Considered Canada?

    As of March 31st,2021, USCIS has notified employers and immigration counsels of the selected registrations in the H-1B lottery. If you or someone you know have not been selected, there are other potential options to consider. Similar to the U.S. H-1B Visa, Canada has a program which allows Canadian employers to hire foreign workers for […]

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  • Canada Border Services Agency announces changes for NEXUS members

    On April 12, 2021, Canada Border Services Agency (CBSA) announced two new changes that will effect NEXUS members and applicants.  First, CBSA announced that NEXUS members and individuals on exempt travel are now subject to reporting requirements for travelers arriving in Canada. Since February 22, 2021, certain travelers arriving by land or air in Canada […]

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