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Berardi Blog

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

  • H-1B Lottery Reopened: Additional Selections Made

    Last week, U.S. Citizenship & Immigration Services (USCIS) re-opened the H-1B cap lottery selection process. USCIS reopened the selection process because the number of petitions filed did not meet the annual cap. What is New Notifications have now gone out to applicants or their representatives notifying them that their H-1B registrations have been selected for the […]

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  • Extending B-2 Status in light of Covid-19

    A B-2 visa allows for a foreign national to travel to the U.S. for recreational purposes. Typically, the maximum period allowed for admission to the U.S. as a B-2 nonimmigrant is six months. However, in light of Covid-19, visitors on a B-2 visa may apply to extend their status in the U.S.  The Covid-19 Impact […]

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  • 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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  • DHS Announces Changes to the Deferred Action for Childhood Arrivals (DACA) Policy

    On July 28, 2020, the Department of Homeland Security announced changes to the DACA policy while it fully reconsiders the policy. The changes and reconsideration of DACA follow the Supreme Court’s June 18, 2020 decision, which invalidated 2017 and 2018 memoranda that fully rescinded the DACA policy. Changes to the DACA Policy In the July […]

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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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  • Delay in Employment Authorization Documents (EADs) & Lawful Permanent Resident (LPR) Cards

    Approximately 50,000 green cards and 75,000 employment authorization documents for approved cases have still not been printed as of July 16, 2020. Reasons for this reportedly vary from COVID-19 related delays, limited financial and personnel resources within USCIS, and current administration policies. In a statement dated July 21 by the USCIS Ombudsman, the agency states that it […]

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