Berardi Blog

The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for an E-2 visa, the treaty […]

The H-1B program allows U.S. employers to sponsor foreign nationals for temporary employment in “specialty occupations.” Essentially, a “specialty occupation” is a role requiring at least a bachelor’s degree, or its equivalent, in a field related to the U.S. position. Since the establishment of the H-1B program in 1990, Congress has set an annual cap […]

In a move aimed at enhancing efficiency and adapting to evolving needs, the Secretary of State, in consultation with the Department of Homeland Security, has identified specific categories for interview waivers deemed to be in the national interest. These changes, effective January 1, 2024, grant consular officers the authority and discretion to waive in-person interviews […]

Concurrent employment allows a nonimmigrant visa holder to work for multiple employers simultaneously under the same visa category. Each employer must file a separate petition and receive the requisite approvals from the U.S. Citizenship and Immigration Services (USCIS). Essentially, an individual can work for more than one employer, but each employment relationship must be independently […]

The National Interest Waiver (NIW) is a way for employment-based, second preference (EB-2) visa petitioners to avoid the PERM labor certification process. Unlike the PERM labor certification process, the NIW allows foreign nationals to self-petition for their EB-2 without being sponsored by a U.S. employer. The NIW process requires thoroughness and meticulous documentation. With the help of […]

U.S. Citizenship and Immigration Services (USCIS) has recently issued updated policy guidance regarding the analysis of an employer’s ability to pay the proffered wage for immigrant petitions in certain employment-based visa classifications. This guidance, effective as of January 5, 2024, particularly addresses instances where a sponsored worker is changing employers under the American Competitiveness in […]

Senior Counsel Andrea Godfread-Brown discusses the US doctor shortage and ways to improve it. Throughout her career, Andrea has dedicated herself to mastering the intricacies of healthcare-related immigration. Her focus lies in providing critical legal representation for hospitals and medical practice groups. She adeptly navigates the complex processes involved in helping these clients hire foreign […]

U.S. Citizenship and Immigration Services (USCIS) has introduced a final rule detailing an adjustment in the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. Under the USCIS Stabilization Act, the current premium processing fees were established, along with the authority for the Department of Homeland Security (DHS) to biennially adjust […]

This is huge! You may soon be able to get your H-1B visa stamped without leaving the US. The stateside visa renewal option will initially be available for 20,000 temporary visa holders. The State Department also intends to extend interview waivers, further streamlining the process. State Department officials recently announced that a select number of […]

U.S. Citizenship and Immigration Services (USCIS) has recently updated its guidance on family-based conditional permanent residence. The update consolidates and updates guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence. Key Points of the Update Understanding Conditional Permanent Residence Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen […]

Are you a Canadian who wants to live or work in the United States? Do you have property in the US? There are several options for Canadians who want to move to the US! If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

H-1B status is a non-immigrant visa category in the United States that allows employers to hire foreign workers in specialized occupations, typically requiring a bachelor’s degree or higher. It enables foreign professionals to work temporarily in the U.S. for the sponsoring employer and is often used in fields such as technology, science, engineering, and healthcare. […]

For the second year in a row, the number of illegal crossings at the U.S.-Mexico border surpassed two million. Our Managing Partner, Rosanna Berardi, discusses this and more in her video below. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

To become a U.S. Citizen, one must file Form N-400, Application for Naturalization. When preparing Form N-400, the applicant must disclose the total number of trips (in days) they took outside of the U.S. for 24 hours or longer, during the last 5 years. Many lawfully permanent residents (“LPRs”) who want to apply for U.S. […]

Our Partner, Jennifer Behm, discusses the national interest waiver and self-petitioning for a green card without an employer in the video below. You might also be interested in our post on EB-2 National Interest Waiver Green Cards and you can read more about EB-2 & EB-3 Green Cards here. You can book a consultation with […]

Temporary Protected Status (TPS) is an immigration benefit granted by the Department of Homeland Security (DHS) to eligible individuals in the United States who are nationals of a country (or persons without nationality who last habitually resided in such country) that has been designated for TPS. A country may be designated for TPS on the […]

Our Managing Partner, Rosanna Berardi, discusses the national interest waiver and self-petitioning for a green card without an employer in the video below. You might also be interested in our post on EB-2 National Interest Waiver Green Cards and you can read more about EB-2 & EB-3 Green Cards here.

If you are an F-1 visa student, CPT is a program opportunity that allows you to gain practical experience directly related to your major area of study. The training opportunity must be an integral part of your school’s established curriculum, meaning it is not a supplemental training experience but rather a required part of your […]

Once you are found to be inadmissible, the U.S. government will not issue you a visa to work, study, visit for pleasure, and so on. If you are found to be inadmissible, the only way to be admitted into the United States is if you obtain an I-192 waiver (Application for Advanced Permission to Enter […]

If you are an F-1 student, you have the option of training in the United States by engaging in practical training during your program or after it ends. Practical training can provide a valuable work experience by sharpening and adding to the skills you are learning in school. There are two types of practical training […]