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Berardi Blog

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

  • TN Spotlight: Horticulturist

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

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  • USCIS will Issue Policy Guidance Regarding Schedule A Designations

    USCIS will be issuing new policy guidance in the USCIS Policy Manual regarding Schedule A designations. The purpose of the new guidance is to describe and clarify current Schedule A requirements, and it will not represent any policy changes. When it comes to filing employment-based petitions, current regulations require many employers to obtain a labor […]

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  • TN Spotlight: Recreational 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. The TN nonimmigrant classification is a product of the North American Free Trade Agreement (NAFTA) and aims to strengthen trade relations between the United States, Canada, and Mexico. Under the regulations, there are 63 professional occupations […]

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  • Breaking News: District Court Sets Aside Two Interim Final Rules Targeting Employment-Based Immigration

    On December 1, 2020, the U.S. District Court for the Northern District of California set aside two interim final rules upending the H-1B visa program and other employment-based immigration categories in Chamber of Commerce v. DHS. Both rules were announced in October and comprised of significant changes to the H-1B prevailing wage levels and eligibility criteria.  The […]

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  • H-1B Specialty Occupation Class Action Litigation: Court Grants Class Certification

    The United States District Court, Northern District of California has granted, in part, a motion for class certification brought by U.S. employers (“Plaintiffs”) who alleged that USCIS has a “policy and practice of arbitrarily and unlawfully denying H-1B nonimmigrant worker petitions for the specialty occupation of market research analyst.”  The H-1B classification allows employers to […]

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  • TN Spotlight: Veterinarian

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

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  • USCIS Revises Policy Guidance on Naturalization Applicants Who Erroneously Obtained Lawful Permanent Resident Status

    On November 18, 2020, U.S. Citizen and Immigration Services (USCIS) updated its policy manual to reflect new guidance on when applicants would be ineligible for naturalization based on their lawful permanent resident (LPR) status. All naturalization applicants must establish that they were lawfully admitted to the U.S. for permanent residence at the time of filing […]

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  • USCIS Adopts Discretionary Rules for Adjustment of Status Applications

    USCIS recently amended its policy manual with a table of factors for officers to consider in exercising their discretion over whether to approve an adjustment of status (AOS) application. This update highlights the role of a USCIS officer’s discretion in adjudicating AOS applications based on the totality of the circumstances (aka considering all the available […]

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  • TN Spotlight: Astronomer

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. The TN nonimmigrant classification is a product of the North American Free Trade Agreement (NAFTA) and aims to strengthen trade relations between the United States, Canada, and Mexico. Under the regulations, there are 63 professional occupations […]

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  • USCIS to Begin Using a Revised Civics Test for Naturalization Applications

    USCIS announced last week that it plans to implement a revised version of the civics test for naturalization applications. The agency first made this announcement in July of 2019. USCIS stated that it revised the civics test as part of an update that it performs every 10 years to ensure that it continues to comprehensively […]

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  • What Employees Need to Do if They Receive a Tentative Nonconfirmation (TNC) for I-9 Purposes

    If the information your employer entered into E-Verify from your Form I-9, Employment Eligibility Verification, does not match records available to the Department of Homeland Security (DHS) or the Social Security Administration (SSA), your employer may receive a tentative nonconfirmation (TNC) result.  What Does a Tentative Nonconfirmation Result Mean? A TNC result does not necessarily […]

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  • TN Spotlight: Dentist

    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. Based on the regulations, there are 63 professional occupations under which an individual may qualify. One such occupation is a Dentist.  How to Qualify as a Dentist To qualify for TN […]

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  • Relaxation of Employer I-9 Compliance will end November 19, 2020

    Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers are required to complete Form I-9 for any individual they hire in the United States—including citizens and noncitizens. Due to the outbreak of COVID-19, the Department of Homeland Security (DHS) announced on March 20, […]

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  • L-1B Category for Specialized Knowledge Employees

    The L-1 (“intracompany transferee”) classification is utilized by employers to transfer executives, managers, and specialized knowledge employees to the United States from an affiliated office abroad. Executives and managers can qualify for work authorization under the L-1A classification, and specialized knowledge employees can qualify under the L-1B classification.  This article will focus on the L-1B […]

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  • DHS Proposes Rule to Prioritize Selection of H-1B Registrations Based on Wage Levels

    On October 28, 2020, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would prioritize the selection of H-1B registrations (or petitions, if the registration process is suspended) based on corresponding wage levels. DHS states that this will better protect the economic interests of U.S. workers, while still allowing U.S. employers […]

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  • B-1 Business Visitors

    The B-1 category allows individuals to enter the U.S. as business visitors. To qualify, you must prove the following: That you are entering to engage in permissible business activities; That your trip is temporary (typically six months or less); That you have sufficient funds to cover expenses; and That you have a residence and sufficient ties […]

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  • TN Spotlight: Mathematician

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

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  • DOS Proposes Ending the “B-1 in Lieu of H” Visa Policy

    On October 21, 2020 the Department of State (DOS) issued a notice of proposed rulemaking on visas for temporary visitors for business or pleasure. The proposed change would amend the regulation governing the B-1 nonimmigrant visa classification, which provides temporary visas for visitors entering the U.S. for business activities that are necessary and incidental to their regular […]

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  • COVID-19 & Its Impact On Nonimmigrant Waiver Applications

    Form I-192 allows inadmissible nonimmigrant aliens to apply for advance permission to temporarily enter the United States. Due to COVID-19 restrictions and the Canadian Border closing, Customs and Border Protection (CBP) has stopped accepting waiver applications and is not processing I-192 biometrics for e-SAFE pending applications.  Originally, the I-192 filing fee was supposed to increase from $585 […]

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  • TN Spotlight: Dietitian

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

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