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Berardi Blog

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

  • L-1 Case Summary 05.17.2019 from Zach Ahlstrom

    Zach Ahlstrom, an Associate Attorney here at Berardi Immigration Law, recently had a successful L-1 renewal application presented to Customs and Border Protection (CBP) at the Peace Bridge located in Buffalo, NY. CBP has recently changed some of their rules surrounding L-1 renewals at the border. They now require proof that the L-1 renewal applicant […]
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  • L-1 Case Summary 05.17.2019 from Gabriella Agostinelli

    Gabriella Agostinelli, Senior Associate Attorney at Berardi Immigration Law, recently had another successful L-1 approval at the border. She is sharing a few important tips that any L-1 applicant should follow in order to have a smooth process at the border: Always apply early in the morning. The officers are often less busy and more […]
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  • Court Enjoins USCIS from Enforcement of Unlawful Presence Memo Impacting Students and Exchange Visitors

    A Federal Judge has enjoined USCIS from enforcing a policy memorandum issued in August 2018 relative to the accrual of unlawful presence for nonimmigrant student or exchange visitors. The ruling found that the policy memorandum amounts to a “legislative rule” in violation of the Administrative Procedures Act because the government did not publish in the […]
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  • The E-2 Visa and Real Property Investments

    The E-2 investor visa was created to allow entrepreneurs from countries which maintain a trade and commerce treaty with the United States to establish new businesses in the U.S. through investment. Though E-2 visas are less often granted for investments in real property, there is a possibility that this type of investment may qualify for […]
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  • The ‘Buy American and Hire American’ Executive Order Two Years Later

    On April 18, 2017, President Donald Trump signed an Executive Order titled “Buy American and Hire American.” The President insisted that the Executive Order would favor American workers more so than the policies already in place. He also intended, among other things, for the “Buy American and Hire American” Executive Order to address his concerns […]
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  • Restrictions on Travel to Cuba

    United States citizens remain restricted from traveling to Cuba. For instance, traveling to Cuba solely for tourism or vacations remains strictly prohibited. However, there are exceptions in the government regulations. The Office of Foreign Assets Control (OFAC) allows travel to Cuba via either a general license or a specific license. In order to travel to […]
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  • L-1 Case Summary 05.03.2019

    Senior Associate Attorney, Gabriella Agostinelli, recently had a successful L-1 application presented to Customs and Border Protection (CBP) at the Peace Bridge Port of Entry located in Buffalo, New York. This application was for an L-1 first time applicant. The applicant held a very high level executive position in Canada and would be holding the […]
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  • The Modernization of the InfoPass System

    In 2004, United States Citizenship and Immigration Services (USCIS) implemented InfoPass, a free online service providing applicants with the option to schedule an appointment with a USCIS immigration officer through the USCIS website. Since then, InfoPass has been modified, updated and refreshed many times. More recently, USCIS developed a pilot program to replace InfoPass entirely.  […]
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  • Israel Signs an Investor Treaty with the United States

    The E-2 visa category offers foreign entrepreneurs who wish to invest in an American business the opportunity to come to the United States. The E-2 visa carries with it many distinct advantages. Unlike other visa categories, the E-2 visa allows the applicant to be self-employed, which makes it a better option for entrepreneurs than other […]
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  • Client of the Month: Ted Logan & the PGA

    Ted Logan works in the United States for PGA of America as a Player Development Consultant. Mr. Logan has always felt passionate about golf and has found his true calling working for the PGA in the U.S. However, Ted and his family are Canadian nationals and have faced numerous immigration roadblocks to stay in the […]
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  • Controlled Substances and Naturalization

    Naturalization is the process by which individuals not born on United States soil become American citizens. The process requires a long application process in order to satisfy certain general requirements. One of these requirements is that the applicant prove, through his or her application, that he or she is a person of good moral character. […]
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  • USCIS Announces New Guidelines for Spousal Petitions Involving Minors

    On April 12, 2019, U.S. Citizenship and Immigration Services (USCIS) added to its February update on spousal petitions involving minors. USCIS has now decided that I-130 spousal petitions involving a minor require more heightened scrutiny than has been applied in the past. The new guidance was released as an update to the USCIS Adjudicator’s Field […]
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  • Breaking News: Certain Ports of Entry No Longer Allowing L-1 Renewal Applications for Canadian Citizens

    Berardi Immigration Law has recently learned that certain ports of entry along the Canadian border are now refusing to process petitions for renewal L-1 applications that are presented by Canadians pursuant to the North American Free Trade Agreement (NAFTA). This new policy affects both individual and blanket L petitions.  Initial reports indicated that this was […]
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  • USCIS Reaches the H-1B Cap for 2020

    The H-1B program provides an avenue for businesses in the United States to bring foreign nationals into the country to work. But, not just any foreign national will qualify for an H-1B visa. H-1B visas apply only to foreign workers with at least a bachelor’s degree and to occupations that require “highly specialized knowledge.” For […]
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  • Naturalization Concerns: Continuous Residence, Tax Returns and State Benefits

    Naturalization can be a long and anxiety-producing process. In putting together your application and waiting for approval from the government, you may have many questions and concerns. For instance, what if you have been moving around a lot and not maintaining a continuous residence? Or, what if you have failed to file your tax returns? […]
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  • What is Direct Consulate Filing?

    Direct Consulate Filing (DCF) is an expedited process through which a United States citizen living overseas can petition the government for an immigrant visa for his or her immediate relatives. DCF requires that, instead of sending an I-130 petition back to the United States, the citizen sends it to a U.S. Embassy or Consulate in […]
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  • An In-Depth Look at Direct Consular Filing

    A foreign national living abroad will typically start the family-based or marriage-based green card process by filing a Form I-130 petition with United States Citizenship & Immigration Services (USCIS). This petition will typically pend for about 6-12 months (subject to change) before an approval is issued. Once this petition is approved by USCIS, the application […]
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  • USCIS Launches H-1B Employer Data Hub

    On April 1, 2019, USCIS launched the H-1B Employer Data Hub, a search tool/information base that provides information to the public. Some employers in the United States use the H-1B program to temporarily employ foreign workers in certain occupations. The Data Hub helps the public to view which employers petition for H-1B workers and calculate […]
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  • Amber Mac’s E-1 Treaty Trader Visa

    Amber MacArthur is the founder and president of AmberMac Media Inc., a Canadian digital media business that provides event hosting, keynote speaking, and influencer brand partnerships to companies across North America. Our firm was able to leverage Amber’s executive role and her company’s credentials to successfully secure her an E-1 Treaty Trader Visa.
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  • President Trump’s Travel Ban Two Years Later

    What is commonly referred to as the “travel ban” or “Muslim ban” is the product of three executive orders signed by President Donald Trump in 2017 and 2018. Each executive order met a number of legal challenges in the federal court system, but ultimately, the third version of the order was upheld by the United […]
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