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Berardi Blog

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

  • TN Spotlight: Physiotherapist/Physical 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. The TN nonimmigrant classification is a product of the North American Free Trade Agreement (NAFTA) and aims to strengthen trade relations between the United States, Canada, and Mexico. Under the regulations, there are 63 professional occupations […]

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  • L-1 Affiliation Requirement

    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. To qualify, there are requirements that must be satisfied by both the petitioning employer and foreign employee. Employer requirements include:  Must be doing business as an employer in the […]

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  • Breaking News: International Travelers will need to Receive a Negative COVID-19 test before flying to the U.S.

    International airline travelers planning a trip to the U.S. should be prepared to show proof of a negative Covid-19 test before boarding their flights. The U.S. Center for Disease Control and Prevention (CDC) plans to issue an order mandating inbound international airline travelers to present proof of their negative Covid-19 test by next week. This […]

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  • Top Items on President-Elect Biden’s Immigration To-Do List in 2021

    President-elect Joe Biden has pledged to make several changes regarding U.S. immigration, many of which seek to reverse President Trump’s previous initiatives while in office. Specifically, Biden plans to:  “Take urgent action to undo Trump’s damage and reclaim America’s values;” “Modernize America’s immigration system;” “Welcome immigrants in our communities;” “Reassert America’s commitment to asylum-seekers and […]

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  • Changes to US & Canadian Immigration in 2021

    Our Managing Partner, Rosanna Berardi, recently wrote about changes to US and Canadian immigration in The Lawyer’s Daily: U.S. President-elect Joe Biden’s plans for employment-based immigration will primarily focus on reversing what President Donald Trump has done since 2017. This includes turning back all of Trump’s executive actions restricting travel, limiting green cards and guest […]

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  • DHS will Publish Final Rule Modifying the H-1B Cap Selection Process

    The Department of Homeland Security (DHS) will publish a final rule, Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H1B Petitions, on January 8, 2021, amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions. Specifically, this rule will direct […]

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  • The L-1 “Doing Business” Requirement

    The L-1 (“intracompany transferee”) classification is utilized by employers to transfer executives, managers, and specialized knowledge employees to the United States from abroad. To qualify, there are requirements that must be satisfied by both the petitioning U.S. employer and foreign employee. Employer requirements include:  Must have a qualifying relationship with a foreign company; and Must […]

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  • President Trump Extends Immigrant & Nonimmigrant Visa Bans to March 31

    On December 31, 2020, the Trump Administration issued a presidential proclamation, Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market, extending the ban of entry for certain nonimmigrant and immigrant visas as provided for in the April 22, 2020 and June 22, 2020 proclamations.   President Trump’s […]

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  • TN Spotlight: Dairy Scientist

    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 Dairy Scientist.  How to Qualify for TN Status as a Dairy Scientist To qualify […]

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  • Canada will require all Air Travelers to show proof of Negative COVID-19 Test Results Prior to Entry

    Starting January 7, 2021, all air passengers five years of age or older will be required to show proof of negative test results for COVID-19 before traveling into Canada. Air travelers will be required to show documentation of a negative laboratory test to the airline they travel prior to boarding a flight to Canada. The […]

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  • DHS Extends Form I-9 Flexibility an Additional 30 Days

    On December 23, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension of the flexibility related to Form I-9, Employment Eligibility Verification, compliance.  Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the U.S. All U.S. employers are […]

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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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  • USCIS Extends Flexibility for Responses to Agency Requests due to Coronavirus Outbreak

    U.S. Citizenship and Immigration Services (USCIS) has extended the flexibilities it announced on March 30, 2020, in response to the coronavirus (COVID-19) pandemic. At the outset of the coronavirus outbreak, USCIS announced it would give certain applicants, petitioners, and requestors more time to respond to certain agency requests and notices. Specifically, USCIS granted applicants, petitioners, […]

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  • TN Spotlight: Geneticist

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. The TN nonimmigrant classification is a product of the North American Free Trade Agreement (NAFTA) and aims to strengthen trade relations between the United States, Canada, and Mexico. Under the regulations, there are 63 professional occupations […]

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  • USCIS Announces Extension of Temporary Protected Status for Six Countries

    On December 7, 2020, the Department of Homeland Security (DHS) issued a Federal Register notice extending Temporary Protected Status (TPS) and the validity of TPS-related documentation for beneficiaries under the designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS-related documentation includes Employment Authorization Documents (EADs); Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record.  […]

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  • Federal Court Judge Reinstates DACA Program

    On December 4, 2020, U.S. District Court Judge Nicholas Garaufis issued an order requiring the Department of Homeland Security (DHS) to reinstate the Deferred Action for Childhood Arrivals (DACA) program. The DACA program is an Obama-era initiative that has allowed undocumented foreign nationals who came to the U.S. as children to stay in the country and work legally. Under the […]

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  • TN Spotlight: Biochemist

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

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  • Senate Unanimously Passes Immigration Bill Lobbied by Big Tech

    On December 2, 2020, the U.S. Senate unanimously passed a bill entitled “Fairness for High-Skilled Immigrants Act of 2020.” The bill, which sets out new provisions focused on both green card and H-1B temporary worker reform, was passed without any public hearings and is said to pacify Big Tech’s hankering for cheap indentured labor. Notably, this is the […]

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  • DOJ Sues Facebook for Skewing its Hiring Process in Favor of Foreign Workers

    On December 3, 2020, the U.S. Department of Justice (DOJ) sued Facebook alleging its hiring process favors temporary visa holders over U.S. workers in violation of the anti-discrimination provision of the Immigration and Nationality Act (“INA”). The INA makes it illegal for employers to discriminate against U.S. citizens and nationals, asylees, refugees, and certain lawful […]

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  • TN Spotlight: Horticulturist

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

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