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Berardi Blog

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

  • 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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  • TN Spotlight: Animal Breeder

    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 Animal Breeder. How to Qualify as an Animal Breeder     To qualify […]

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  • F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online

    On March 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories: (c)(3)(A) – Pre-Completion OPT; (c)(3)(B) – Post-Completion OPT; and (c)(3)(C) – 24-Month Extension of OPT for science, […]

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  • 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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