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Berardi Blog

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

  • COVID-19 Update: UK Government requires all persons leaving England to complete a travel declaration form

    On March 12, 2021, the UK Government announced that it will be requiring all persons traveling outside the UK from England to complete a travel declaration form stating their reason for travel abroad. It is now considered a criminal offense for any traveler in the UK to enter a port of departure to travel internationally […]

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  • Biden Administration Closes Chapter on Trump-era “Public Charge” Rule

    On March 9, 2021, the Supreme Court agreed to a Biden administration request to dismiss an upcoming case challenging the Trump administration’s highly contested “public charge” rule.  This means the Biden Administration has officially closed the chapter on the Trump-era Public Charge rule.    Under the Public Charge Final Rule, the Trump administration expanded the application of […]

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  • TN Spotlight: Medical Laboratory Technologist

    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 Medical Laboratory Technologist, also known as Medical Technologist. How to Qualify as a Medical […]

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  • Current Status of Immigrant Visa Processing at Embassies & Consulates

    On March 1, 2021, the U.S. Department of State (DOS) shared a briefing with Consular Affairs Acting Deputy Assistant Secretary for Visa Services, Julie M. Stufft, regarding the status of immigrant visa processing at embassies and consulates around the world. This briefing was conducted in light of the recent recission of Presidential Proclamation 10014, which lifted […]

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  • TN Spotlight: Nutritionist

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

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  • Biden Administration Rescinds Buy American Hire American Executive Order & 2017 Computer Programmer Memo

    President Biden signed an executive order which essentially revoked former President Trump’s Buy American Hire American (BAHA) executive order, as well as the 2017 Computer Programmer Memo. President Trump signed the BAHA executive order on April 18, 2017. The order claimed to increase wages and employment rates for U.S. workers and directed agencies to issue rules […]

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  • President Biden Revokes Proclamation 10014, Lifting Trump’s Ban on Green Cards

    On February 25, 2021, President Biden revoked Proclamation 10014, thereby lifting the ban on green cards imposed by Former President Trump last spring. In Proclamation 10014, issued April 22, 2020, Trump suspended the entry of foreign nationals as immigrants, claiming they posed a “risk to the United States labor market during the economic recovery” following the COVID-19 outbreak. […]

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  • 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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