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Berardi Blog

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

COVID-19 & the TN Attorney Designation

In this video, Senior Associate Attorney Gabriella Agostinelli discusses what impact the COVID-19 pandemic and associated border closure may have on individuals applying for the TN designation of attorney, particularly attorneys who may have recently graduated from law school but have not yet had the chance to take the bar exam. The good news is […]

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L-1 & TN Visa Application Procedures (Sept. 2020)

In this video, Associate Attorney Zach Ahlstrom details the current process for applying for an L-1 or TN visa at the U.S./Canadian northern border given the recurring closures for non-essential travel. Essentially, the process remains largely the same. As is normally the case, the applicant will drive up to U.S Customs and Border Protection and […]

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L-1 Case Summary: Specialized Knowledge

Senior Associate Attorney Gabriella Agostinelli recently had a client who successfully applied for L-1 renewal status at Customs and Border Protection (CBP) at the Peace Bridge port of entry located in Buffalo, NY. Our client was an employee of a large sushi company and had specialized knowledge specific to the sushi industry and his field. […]

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TN Spotlight: Research Assistant

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 Research Assistant. How to Qualify as a Research Assistant   To qualify […]

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USCIS Extends Flexibility for Responding to Certain Agency Requests

Due to the COVID-19 pandemic, on March 30, 2020, USCIS announced that it would allow flexibility in responding to certain agency requests. USCIS has recently announced that they are extending this courtesy to cases in which notices were issued between March 1, 2020, and January 1, 2021.  This flexibility applies to the following: Requests for […]

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TN Case Summary: Car Dealership Consultant

Zach Ahlstrom, Associate Attorney with Berardi Immigration Law, discusses one of his client’s recent successful TN applications presented to Customs and Border Protection at the Peace Bridge port of entry located in Buffalo, NY. Our client submitted under the TN Management Consultant designation. This designation is one of the most scrutinized TN categories. CBP wants […]

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B-1 Visa Permissible Sales Activities

B-1 “visitor” visas allow citizens of foreign countries to enter the United States to conduct business. The B-1 visa typically allows an initial period of stay of one to six months and may be extended up to six months depending on the business conducted.  Employees engaging in sales activities on behalf of foreign corporations may […]

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TN Spotlight: Interior Designer

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 Interior Designer. How to Qualify as an Interior Designer To qualify for TN status […]

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E Visa Updates from the U.S. Consulate in Toronto

The U.S. Consulate in Toronto recently held a Zoom video conference to address recent changes and updates to the processing of E visas. The E visa category includes treaty traders and investors who come to the U.S. under a treaty of commerce and navigation between the U.S. and the country of which they are a […]

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The L-1 Category for Managers

The L-1 category is utilized by multinational companies to transfer managerial, executive, and specialized knowledge employees from a foreign entity to a parent, subsidiary, affiliate, or branch office in the United States. To qualify, a petitioner must prove that it has a qualifying relationship with the transferee’s foreign employer and that it is doing business […]

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L-1 Case Summary: Personnel Manager

We recently had a successful L-1 client present their application to Customs and Border Protection (CBP) at the Peace Bridge port of entry located in Buffalo, NY. Associate Attorney Zach Ahlstrom had a client who was a personnel manager. Zach was able to prepare an application in which he proved that the manager was a […]

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TN Spotlight: Range Manager/Range Conservationist

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 Range Manager or Range Conservationist.  How to Qualify as a Range Manager […]

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L-1 Managers Q&A

Following are some of the most frequently asked questions about the L-1 category. Q: What does it mean to be “doing business”? A: Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization […]

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USCIS Issues Implementation Guidance on DACA Policy Changes

On July 28, 2020, Acting Secretary of Homeland Security, Chad Wolf, issued a policy memorandum (“Wolf Memorandum”) making changes to the Deferred Action for Childhood Arrivals (DACA) policy. A full breakdown of the changes to the DACA under the Wolf Memorandum can be found here. USCIS released guidance on how it will implement the Wolf Memorandum’s changes on August 24, […]

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TN Spotlight: Industrial Designers

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 industrial designer.  How to Qualify as a TN Industrial Designer To qualify for TN […]

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H-1B Lottery Reopened: Additional Selections Made

Last week, U.S. Citizenship & Immigration Services (USCIS) re-opened the H-1B cap lottery selection process. USCIS reopened the selection process because the number of petitions filed did not meet the annual cap. What is New Notifications have now gone out to applicants or their representatives notifying them that their H-1B registrations have been selected for the […]

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Extending B-2 Status in light of Covid-19

A B-2 visa allows for a foreign national to travel to the U.S. for recreational purposes. Typically, the maximum period allowed for admission to the U.S. as a B-2 nonimmigrant is six months. However, in light of Covid-19, visitors on a B-2 visa may apply to extend their status in the U.S.  The Covid-19 Impact […]

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