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Berardi Blog

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

  • The Visa Bulletin: Final Action Dates vs. Dates for Filing

    Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. The visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. Because the number of green card […]

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  • Canada Remains One of the Strictest Countries to Travel Into

    As of February 21, 2021, new COVID testing and quarantine requirements have been set for travelling into Canada, making it one of the strictest countries regarding travel and border measures. This includes the requirements for both air and land travel into the country. All travelers, whether arriving by land or air are required to submit […]

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  • TN Spotlight: Geochemist

    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 a Geochemist.  How to Qualify for TN Status as a Geochemist To qualify for TN […]

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  • The Biden Administration Allows Nonimmigrant Visa Ban to Expire

    On March 31, 2021, the Presidential Proclamation restricting the entry of certain nonimmigrants, including H-1B, H-2B, L-1, and certain J-1 travelers, into the United States, has been allowed to expire by President Biden.  It has been widely reported that President Biden will not renew this June 2020 Presidential Proclamation, put in place by the Trump […]

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  • New York State Legalizes Recreational Marijuana, CBP warns New Yorkers still cannot cross Border with Marijuana

    On March 31, Governor Andrew Cuomo signed legislation passed by state lawmakers legalizing recreational marijuana in New York state.  New Yorkers can now possess and use up to 3 ounces of marijuana, while sales of recreational-use marijuana will not become legal for an estimated 18 months until the state draws up regulations.  New York became […]

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  • TN Spotlight: Seminary Teachers

    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 a Seminary Teacher.  How to Qualify for TN Status as a Seminary Teacher To qualify […]

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  • Submitting a Petition at the US/Canada Border (TN/L-1)

    This week Gabriella provides an update on submitting petitions at the border. CBSA Agents have confirmed that if you are just driving to the U.S. for the limited purpose of applying for TN or L-1 status and plan on turning right back around, you will need to quarantine for 14 days and have a quarantine […]

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  • Naturalization Based on Marriage to a U.S. Citizen

    Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident (“LPR”) after meeting certain requirements established by Congress in the Immigration and Nationality Act (“INA”). The most common path to U.S. citizenship through naturalization is being an LPR for at least five years. However, there is a special provision in […]

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  • EB-2 National Interest Waiver Green Cards

    The employment-based second preference immigrant visa (EB-2) is reserved for individuals holding advanced degrees or for those who possess exceptional ability. Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor. That lengthy process, however, can be waived by requesting a National Interest Waiver (NIW). A NIW permits an […]

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  • TN Spotlight: Apiculturist

    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 Apiculturist.  How to Qualify for TN Status as an Apiculturist To qualify for TN […]

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  • Changes to the IEC program

    The International Experience Canada (“IEC”) program is a youth mobility generally designed for individuals age 18-35 (from participating countries) to have the opportunity to travel, work, and/or live in Canada.  The requirements vary depending on the individual’s citizenship, and the youth mobility agreement in place between that country and Canada.   What happened to the IEC Program? […]

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  • Breakdown of Biden’s Immigration Bill to Congress

    Biden’s comprehensive immigration bill—known as the U.S. Citizenship Act of 2021—was formally introduced in the House on February 18, 2021, by Representative Linda Sanchez (D-Calif) and in the Senate on February 22, 2021, by Senator Bob Menendez (D-N.J.). The bill calls for broad immigration reform, including an eight-year pathway to citizenship for 11 million undocumented […]

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  • TN Spotlight: Geophysicist

    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 a Geophysicist. It is important to note that the Geophysicist designation also includes Oceanographers. How […]

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  • COVID-19 Update: UK Government requires all persons leaving England to complete a travel declaration form

    On March 12, 2021, the UK Government announced that it will be requiring all persons traveling outside the UK from England to complete a travel declaration form stating their reason for travel abroad. It is now considered a criminal offense for any traveler in the UK to enter a port of departure to travel internationally […]

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  • Biden Administration Closes Chapter on Trump-era “Public Charge” Rule

    On March 9, 2021, the Supreme Court agreed to a Biden administration request to dismiss an upcoming case challenging the Trump administration’s highly contested “public charge” rule.  This means the Biden Administration has officially closed the chapter on the Trump-era Public Charge rule.    Under the Public Charge Final Rule, the Trump administration expanded the application of […]

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  • TN Spotlight: Medical Laboratory Technologist

    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 a Medical Laboratory Technologist, also known as Medical Technologist. How to Qualify as a Medical […]

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  • Current Status of Immigrant Visa Processing at Embassies & Consulates

    On March 1, 2021, the U.S. Department of State (DOS) shared a briefing with Consular Affairs Acting Deputy Assistant Secretary for Visa Services, Julie M. Stufft, regarding the status of immigrant visa processing at embassies and consulates around the world. This briefing was conducted in light of the recent recission of Presidential Proclamation 10014, which lifted […]

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  • TN Spotlight: Nutritionist

    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 Nutritionist.  How to Qualify for TN Status as a Nutritionist  To qualify for TN status as […]

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  • Biden Administration Rescinds Buy American Hire American Executive Order & 2017 Computer Programmer Memo

    President Biden signed an executive order which essentially revoked former President Trump’s Buy American Hire American (BAHA) executive order, as well as the 2017 Computer Programmer Memo. President Trump signed the BAHA executive order on April 18, 2017. The order claimed to increase wages and employment rates for U.S. workers and directed agencies to issue rules […]

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  • President Biden Revokes Proclamation 10014, Lifting Trump’s Ban on Green Cards

    On February 25, 2021, President Biden revoked Proclamation 10014, thereby lifting the ban on green cards imposed by Former President Trump last spring. In Proclamation 10014, issued April 22, 2020, Trump suspended the entry of foreign nationals as immigrants, claiming they posed a “risk to the United States labor market during the economic recovery” following the COVID-19 outbreak. […]

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