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

  • TN Spotlight: College Teacher

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

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  • USCIS Issues Updated Guidance Regarding the Educational Requirements for Naturalization

    On February 22, 2021, U.S. Citizenship and Immigration Services (USCIS) updated policy guidance in the USCIS Policy Manual regarding the educational requirements for naturalization. Specifically, USCIS announced it will be reverting to the 2008 naturalization civics test starting March 1, 2021, thereby eliminating the revised naturalization civics test that was implemented on December 1, 2020 (“2020 civics test”).   […]

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  • DHS Final Rule Provides for Automatic 180 Extension of Work Authorization for Certain Categories when EAD Renewal Received

    On November 18, 2016, the U.S. Department of Homeland Security (DHS) issued a final rule, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, which granted automatic extensions of Employment Authorization Documents (EADs) in certain circumstances. Specifically, the rule—effective January 17, 2017—automatically extends the employment authorization and validity of existing EADs […]

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  • TN Spotlight: Meteorologist

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

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  • DHS Expresses Support for Equal Access to the COVID-19 Vaccine for Undocumented Foreign Nationals

    On February 1, 2021, the U.S. Department of Homeland Security (DHS) issued a press release expressing its support for equal access to COVID-19 vaccines and vaccine distribution sites for all individuals, regardless of their immigration status. DHS provided: “It is a moral and public health imperative to ensure that all individuals residing in the United States […]

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  • USCIS Announces another Extension of Flexibility for Responses to Agency Requests

    On January 28, 2021, U.S. Citizenship and Immigration Services (USCIS), once again, extended the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain agency requests. Specifically, USCIS is granting applicants, petitioners, and requestors an additional sixty days to submit their responses to the following: Requests for Evidence; Continuations to […]

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  • TN Spotlight: Social Worker

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

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  • DHS Announces Upcoming H-1B Lottery Season & Delays Effective Date of the H-1B Selection Final Rule

    Last week, USCIS announced that the H-1B cap registration process for the upcoming H-1B lottery season will open on March 9, 2021 and will close on March 25, 2021. USCIS will notify selected registrants by March 31, 2021 that they have been selected and petitions may be filed for the selected beneficiaries between April 1 […]

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  • TN Spotlight: Pharmacist

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

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  • DOL Issued a Revised Wage Rule Restructuring the Prevailing Wage System

    On January 14, 2021, the U.S. Department of Labor (DOL) published a final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, changing how wage levels are computed under the DOL’s four-tier wage structure. The January 14, 2021 rule is a revised version of a similar DOL rule, […]

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  • Canada Announces Further Restrictions on Air & Land Travel Amidst COVID-19 Pandemic

    On Friday, January 29, 2021, the Canadian government announced further border restrictions aimed to slow the spread of COVID-19 variants. These restrictions will include the following:  Flight Grounding The Canadian government has reached an agreement with major airlines to stop all flights from the Caribbean and Mexico to Canada as of Sunday, January 31, 2021.  All […]

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  • USCIS will Replace the Sticker Issued to Permanent Residents Extending the Validity of their Green Cards

    Starting this January, USCIS will be replacing the sticker issued to lawful permanent residents (“LPRs”) to extend the validity of their Green Card with a revised Form I-797, Notice of Action.  When a LPR’s Green Card expires or is about to expire, they must file a Form I-90, Application to Replace Permanent Resident Card. Previously, […]

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  • Three Fun Facts About L-1 Work Permits

    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. Below are three fun facts about the L-1 category that you may have never heard.  An L-1 Work Permit Can Be Used to Open a New Office in the United […]

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  • TN Spotlight: Registered Nurse

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

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  • Things to Consider when Attending Interviews with USCIS in the wake of COVID-19

    The outbreak of the coronavirus has presented several challenges for applicants seeking to enter U.S. Citizenship and Immigration Services (USCIS) field offices for interviews. For instance, it has become a norm for USCIS to reschedule interviews if any party physically present at an interview states they have traveled outside the U.S. in the last 14 days. […]

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  • L-1 Qualifying Employment

    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. To qualify, there are requirements that must be satisfied by both the petitioning employer and foreign employee. Employee Requirements To qualify for L-1 status, an employee must: Have been […]

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  • President Biden Signs 6 Immigration-related Executive Orders his First Day in Office

    On his first day in office, President Joe Biden signed 17 executive orders, including six immigration-related directives that focus on reversing the “Muslim travel bans,” halting construction of the border wall, preserving protections for “Dreamers,” and more. This is the beginning of President Biden’s efforts to unravel former President Donald Trump’s restrictive immigration measures and […]

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  • TN Spotlight: Psychologist

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

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  • Free Covid Testing Will Be Available at Pearson Airport for International Travelers

    On January 6, 2020, Ontario Premier Doug Ford announced a new pilot program at Pearson airport in Toronto that will offer free, voluntary COVID-19 testing for inbound international travelers. The tests will be available for international travelers who are staying in Ontario for at least two weeks and are completely optional.  Eligible travelers who wish to […]

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  • PERM Update: Processing Times and Employer Audits Have Increased in the Wake of COVID-19

    The coronavirus (COVID-19) pandemic has put a strain on U.S. employers and the foreign workers they hire. Program Electronic Review Management (PERM) processing times have increased, and employers are seeing a sudden uptick in audits by the U.S. Department of Labor (DOL). The PERM process is the first step of the green card process for foreign […]

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