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Berardi Blog

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

  • Department of Homeland Security Proposes Changes to the Affidavit of Support Process

    On October 2, 2020, the Department of Homeland Security (DHS) published a notice of proposed rulemaking outlining suggested changes to the Affidavit of Support process. Petitioning sponsors for most family-based and some employment-based immigrants are required to file Form I-864, Affidavit of Support Under Section 213A of the INA (or it’s shorter version, I-864EZ , for […]

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  • Department of Homeland Security Proposes to Reduce F-1 Admission Period

    The Department of Homeland Security (DHS) has proposed a new rule that would place new restrictions on foreign students’ ability to enter and remain in the United States. Under current regulations, those who enter the United States under a F-1 student visa are admitted for the duration of their status, with no fixed time period. Thus, […]

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  • TN Spotlight: Vocational Counselor

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

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  • Who Can Vote in the 2020 U.S. Presidential Election

    With the 2020 Presidential Election quickly approaching on November 3, 2020, and early and absentee voting already underway in several states, it is important to know who is eligible to vote in the election. Ensuring you are eligible to vote prior to voting is essential, because unlawfully voting in an election is a violation of […]

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  • DOS Issues Update on Court Order Regarding Proclamation Suspending Entry of Aliens Who Pose a Risk to the U.S. Labor Market

    On June 22, President Trump issued a Presidential Proclamation 10052 (PP 10052) suspending certain nonimmigrant visas until December 31, 2020. Effective June 24, the proclamation prohibits foreign nationals, and any foreign nationals accompanying or following to join them, from entering the U.S. under the H-1B, H-2B, J, or L nonimmigrant visa classifications. Lawsuit Challenging the Proclamation’s Legal […]

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  • TN Spotlight: Technical Publications Writer

    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 Technical Publications Writer. How to Qualify as a Technical Publications Writer To qualify for […]

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  • New York State’s Quarantine Rules for International Travelers

    On September 28, 2020, Governor Cuomo signed Executive Order No. 205.1 confirming the mandatory quarantine requirements for international travelers arriving in New York State.  What are the New York State quarantine requirements for international travelers? The order modifies Executive Order No. 205, which confirmed a 14-day quarantine requirement for travelers arriving in New York from any state with […]

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  • TN Spotlight: Silviculturist

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

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  • Canada Releases Additional Details on Entry for Extended Family Members & Limited Release from Quarantine for Compassionate Reasons

    On October 8, 2020, Canada officially released the details regarding individuals exempt from the Canadian border restrictions and options for obtaining limited release from the 14-day mandatory quarantine in Canada for compassionate reasons.  Under the new rules, the following individuals are now eligible to enter Canada if they obtain the proper authorization: An immediate family member […]

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  • New rules from DHS & DOL to Significantly Impact the H-1B Visa Program

    The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released new rules that will result in significant changes to the H-1B specialty occupation program, making it more difficult for skilled foreign workers to acquire H-1B visas and work permits. DHS’s new rule will impede on employers’ ability to sponsor foreign workers by restricting the definition […]

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  • Canada to Change Border Restrictions this Week, Allowing Certain Individuals with Pre-Approval to Enter

    Last Friday, Canada announced that it will share new procedures on Thursday that will allow some extended family members, international students, and individuals with compassionate reasons to cross the border. All individuals will need pre-approval from the Canadian government in order to cross the border.  Canada has stated that there will be a “robust process” […]

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  • Rosanna Berardi TV Media Reel: Immigration Law, DACA, Coronavirus & More

    Berardi Immigration Law’s Managing Partner, Rosanna Berardi, is a sought-after speaker and media source on immigration law and related issues in the United States. In this media reel, she’s interviewed by WGRZ, GCTN, and other television news networks on subjects including DACA, affects of coronavirus on immigration, and a range of other stories. Learn more […]

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  • K-1 Nonimmigrant Visas

    The K-1 nonimmigrant category, also known as the fiancé visa, is utilized by U.S. citizens who want to bring their foreign national fiancé to the U.S. to get married. The K-1 visa is available to individuals who will get married to their U.S. citizen partner within 90 days, and whose marriage will be valid, meaning […]

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  • FAQ October 2020 Visa Bulletin

    On September 24, 2020, the Department of State (DOS) released the highly-anticipated October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit their Adjustment of Status (AOS) application or have their AOS case adjudicated. The submission of an AOS application is the final step […]

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  • I-751 Conditional Residency

    Conditional green cards are issued to foreign nationals who, at the time of filing a marriage-based green card, have been married to their U.S. citizen spouse for less than two years. A conditional green card is only valid for two years.  How to Remove Conditions on Residence To remove the conditions on residence and obtain […]

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  • Canadian Immigration Service Announces Increase in Workers Processing Spousal Applications

    In a year that has seen immigration delays soar and heavy restrictions at the Canadian/U.S. border, Immigration, Refugees, and Citizenship Canada (“IRCC”) announced some good news last week for couples presently going through the sponsorship process.  IRCC announced that it has increased the number of officers working on spousal applications, with the hope to reduce couples’ […]

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  • TN Spotlight: Lawyer

    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 limited professional occupations under which an individual may qualify.  How to Qualify for TN Status as a Lawyer To qualify for TN visa status as Lawyer, an individual […]

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  • October 2020 Visa Bulletin Provides Significant Forward Movement for Employment-Based Adjustment of Status Applications

    On September 24, 2020, the Department of State (DOS) released the October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit his/her Adjustment of Status (AOS) application or have his/her AOS case adjudicated. The submission and adjudication of the AOS application are the final steps […]

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  • USCIS Implements New Law Regarding Citizenship for Children of Military Members & U.S. Government Employees Stationed Overseas

    Last week, USCIS updated policy guidance concerning residency requirements under section 320 of the Immigration and Nationality Act (INA) to comply with the requirements of the recently enacted Citizenship for Children of Military Members and Civil Servants Act.  Under the new law, a child born outside of the U.S. acquires automatic citizenship under INA 320, […]

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  • TN Spotlight: Urban Planner or Geographer

    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.  How to Qualify for TN Status as an Urban Planner or Geographer To qualify for TN visa status as […]

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