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Berardi Blog

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

TN Case Study: Engineers

In this video, Partner Jennifer Behm discusses two of her recent clients that applied for TN status at the Peace Bridge port of entry located in Buffalo, New York. Both clients were applying under the Engineer designation. Both clients were recent college graduates who had viable engineer job offers from a reputable U.S. company. Even […]

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What is PERM? An Overview of the PERM Process

If you are an immigration lawyer, an employer who has sponsored a foreign worker for a green card, or a foreign worker yourself, chances are you have heard the term “PERM” before. The PERM certification is the primary step before a foreign national can continue their journey to achieving their employer-sponsored green card and is […]

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TN Spotlight: Scientific Technician/Technologist

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 Scientific Technician/Technologist.  How to Qualify for TN Status as a Scientific Technician/Technologist To qualify […]

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USCIS to Change Premium Processing Timeline Effective Oct. 2

On July 31, 2020, USCIS announced a final rule adjusting many of the fees for immigration and naturalization benefit requests. In addition to the fee adjustments, the final rule also changed the premium processing timeline.  What is Premium Processing? The premium processing service provides guaranteed expedited processing of Form I-129, Petition for Nonimmigrant Worker, and Form I-140, […]

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The PERM Difference: EB-2 and EB-3 Categories

The United States makes approximately 140,000 employment-based immigrant visas available each fiscal year for foreign nationals as well as their spouses and children who wish to obtain a U.S. green card. The allocation of these visa numbers are divided into five preference categories based on their occupational skills. An individual needs the right combination of […]

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DOS Guidance on National Interest Exceptions to Visa Bans Under Presidential Proclamations

Presidential Proclamations 10014 and 10052 suspended the entry of certain immigrant and nonimmigrant visa applicants to the United States through December 31, 2020. Both proclamations provide exceptions for individuals whose entry to the U.S. would be “in the national interest” according to the Secretary of State, the Secretary of Homeland Security, or their designees; however, the proclamations provided […]

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TN Spotlight: Landscape Architect

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 Landscape Architect. How to Qualify as a Landscape Architect  To qualify for TN status […]

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Ban on Trusted Traveler Programs Reversed for New Yorkers

On July 23, 2020, the Department of Homeland Security (DHS) announced that it has reversed the ban on New York residents from applying for membership and renewal to Trusted Traveler Programs. The ban was first implemented over six months ago and impacted roughly 80,000 New Yorkers. Now, New Yorkers are no longer prohibited from applying […]

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USCIS Fees to Increase October 2, 2020

On July 31, 2020, USCIS announced a final rule adjusting fees for certain immigration and naturalization benefits. The increase in fees is in response to recover costs of services for USCIS as the agency is experiencing a lack of funding.  Why does USCIS have to increase fees? USCIS is fee funded, meaning the fees collected […]

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Foundation of the PERM Process: Skills & Business Necessity

For a PERM green card case, it is important to confirm the educational requirements and a specific list of skills that a prospective candidate must possess to perform the job. These requirements and skills and will lead to the Department of Labor’s determination of the prevailing wage rate, and even more importantly, drive the recruitment […]

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Executive Order Overview: L-1 Visa

In today’s video, our Associate Attorney, Zach Ahlstrom, discusses the impact of President Trump’s executive order on certain nonimmigrant visa categories. One of these categories is the L-1 visa. However, as Canadians are visa-exempt, Canadians are still eligible to apply for and renew L-1 status at the border. When the executive order was initially issued […]

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TN Spotlight: Management Consultant

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 of these occupations is “Management Consultant.” How to Qualify as a Management Consultant To qualify for TN status […]

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Temporary Freeze to the Public Charge Rule

On July 29, 2020 a federal judge for the Southern District of New York issued two rulings that put a temporary freeze on the Public Charge Rule, as implemented by the Trump Administration on February 24, 2020, while a national health emergency is in place. What is the Public Charge Rule? The Public Charge Rule […]

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Determining a Prevailing Wage for PERM

Once a job description and requirements have been hammered down, the next step in the PERM process is to obtain a prevailing wage determination from the U.S. Department of Labor (DOL). The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of […]

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Humanitarian Parole Request Case Summary: Funeral

In this video, Associate Attorney Zach Ahlstrom details our client’s successful humanitarian parole application presented to Customs and Border Protection at the Peace Bridge port of entry located in Buffalo, NY. Humanitarian parole is used when an individual is inadmissible to the United States and has an urgent need to enter. In this case, our […]

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Trump’s Executive Order on the 2020 Census

On July 21, 2020, Trump signed an executive order declaring undocumented immigrants not be counted in the 2020 Census. The basis of Trump’s order stems from how a “person” is defined in the U.S. Constitution, which requires “persons in each State” to be counted in the census. What is the impact of the Census? The U.S. Census […]

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How To Build A Corporate Culture That Encourages Free Time

Our Managing Partner, Rosanna Berardi, was featured in ForbesWomen to discuss how Berardi enjoys such an amazing team with very little turnover. The “secret” to this success? Supporting your employees by encouraging free time, which will not only boost morale, but also creativity, motivation, and loyalty. “Rosanna Berardi, the Managing Partner of Berardi Immigration Law […]

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WGRZ Welcomes Berardi to Discuss Census & Immigration Law

Our Managing Partner, Rosanna Berardi, was invited by Buffalo’s WGRZ Channel 2 TV to join their Town Hall to provide insights on census and immigration law. Her segment starts around the 4m30s mark in the video and she comes on at roughly the 5 minute mark (you can go fullscreen after hitting the Play button […]

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