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Berardi Blog

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

L-1 Case Summary 2.6.2020

Senior Associate Attorney Gabriella Agostinelli tells us about her recent L-1 approval at the border.  She discusses one of her most frequently asked questions—do I really need an L-1?  The L-1 category is very flexible –you can come here once a month or once a year.  If you are interested in spending more than 183 […]

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Continued Delays in Employment Authorization Document Processing Times

United States Citizenship and Immigration Service (USCIS) processing times for Employment Authorization Document (EAD) applications continue to increase. EADs are relied upon by many categories of foreign nationals in order to lawfully work in the United States. The processing times vary by USCIS Service Center, in addition to the category in which the applicant is […]

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TN Mechanical Engineer Case Summary 2.4.2020

Managing Partner Rosanna Berardi is back from the U.S./Canadian border! She met with a client who is applying for a TN work permit as a Mechanical Engineer. In this scenario, our client was entering the U.S. periodically to provide services on behalf of a U.S. company and was told by CBP that he needed a work permit.  […]

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TN Management Consultant Case Summary 2.4.2020

Did you know that the Management Consultant classification is the only TN classification that does not require a bachelor’s degree? This forces Customs and Border Protection to look at Management Consultant cases microscopically as it is the most “abused” classification. In this situation, our client has had multiple TNs so we showed that our client’s work […]

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Updates to Form I-9, Employment Eligibility Verification

On January 31, 2020, U.S. Citizenship and Immigration Services (USCIS) published a notice to the Federal Register announcing a new version of Form I-9, Employment Eligibility Verification.  This new version was approved by the Office of Management and Budget (OMB) on October 12, 2019.  Employers should begin using this updated form (10/21/2019) immediately, although the prior version (Rev. […]

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TN Computer Systems Analyst Case Summary 2.4.2020

Managing Partner Rosanna Berardi discusses a recent TN application for a Computer Systems Analyst. This case is unique in the sense that the applicant did not possess a degree in computer science, rather, the applicant has an MBA and many years of work experience.  As some of you may know, the Computer Systems Analyst category requires […]

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Increase in US Visa Fees for Australians

The US Department of State has dramatically increased visa issuance fees for Australian nationals in certain visa categories as of December 23, 2019. The US government charges visa issuance fees for nonimmigrant visas that are approved. The fee increases are intended to reciprocate the fees the Australian government charges US citizens who are issued visas.  […]

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The L-1 Category and “Doing Business”

The L-1 category allows a U.S. employer to transfer an executive, manager, or specialized knowledge employee from an affiliated foreign office to one of its offices in the United States. To qualify, there are specific requirements that must be satisfied by both the petitioning employer and the beneficiary employee. On the employer’s side, it must […]

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President Trump Expands Travel Ban 3.0 Adding Six New Countries

President Trump issued a Presidential Proclamation on January 21, 2020, expanding the Travel Ban 3.0 to include certain individuals from Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. According to the Department of Homeland Security, these additions were based on a DHS assessment after reviewing updated security criteria first established with the original travel ban. […]

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Employee Spotlight: Zach Ahlstrom

Zach Ahlstrom is an associate attorney at Berardi Immigration Law. Zach started with Berardi Immigration Law as a law clerk during his second year of law school in March 2017 and officially joined our team as an Associate Attorney in January 2019. Zach graduated summa cum laude from Mercyhurst University in 2014 with a degree […]

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L-1 Renewal Case Summary 1.21.2020

Our office is happy to report another successful trip to the Peace Bridge for an L-1 renewal.  Over the last year, Customs & Border Protection (CBP) has said their rules are changing regarding the adjudication of L-1 renewals.  Moving forward, if an individual has spent approximately six months or longer in the United States per […]

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Department of State Issues New Rules Restricting Entry for Pregnant Women

Effective January 24, 2020, the Department of State (DOS) amended its regulation governing the issuance of visas in the “B” nonimmigrant classification for temporary visitors for pleasure.  This new rule establishes that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the U.S. is an […]

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L-1 Case Summary 1.21.2020

Senior Associate Attorney Gabriella Agostinelli reports another successful trip to the border for a first-time L-1 applicant. When our team puts together an L-1 package, we want to be able to show several things: person holds a qualifying position the foreign entity and U.S.-based entity are properly affiliated; and the two entities are actively doing business.  […]

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TN Engineer Case Summary 1.14.2020

Attorney Zachary Ahlstrom discusses a recent TN application he submitted for an engineer. In this case, our client came to us after he was previously denied TN status at the border. Unfortunately, he submitted his application on New Year’s Day around 10pm, and the officer reviewing the application was not fully versed in the TN […]

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TN Biologist Case Summary 1.14.2020

Attorney Zachary Ahlstrom discusses a recent TN application he prepared for a biologist. Our client applied for status when a U.S. laboratory needed this individual to come to the United States to research cancer medications and the effects of these medications on the human body. To qualify as a biologist under TN status, we need […]

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U.S. Citizenship and Immigration Services Final Fiscal Year 2019 Agency Statistics

U.S. Citizenship and Immigration Services (USCIS), the agency committed to administering the nation’s immigration system and adjudicating the applications of those seeking lawful status in the United States, released statistics on the most popular and widely-used benefits and programs administered by the agency for final fiscal year 2019. The agency released statistics relating to benefits […]

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USCIS Announces How New H-1B Registration Process will be Implemented

On January 9, 2020, U.S. Citizenship & Immigration Services (USCIS) published a notice in the Federal Registerannouncing the implementation of the registration process for H-1B cap-subject petitions for Fiscal Year (FY) 2021.  The initial H-1B petition registration period will begin on Sunday, March 1, 2020.  Starting on this date, USCIS will require H-1B cap-subject petitioners, including those eligible for […]

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TN Interior Designer Case Summary 1.3.2020

Attorney Zachary Ahlstrom was able to successfully secure our client’s TN work authorization for a three-year period by showing that the applicant possessed a bachelor’s degree in interior design and was coming into the U.S. to provide interior design services.

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