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Berardi Blog

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

The H-1B Category: Timing, Fees and Other Issues

The H-1B is designated for individuals who work in a “specialty occupation.”   This term has been defined by Citizenship & Immigration Services (“CIS”) as a position that requires both the theoretical and practical application of a body of highly specialized knowledge and traditionally requires a Bachelor’s degree. H-1B status is granted for an initial period […]

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H-1B Visa: Creation and Maintenance of the Public Access File

An employer must make documentation relating to the Labor Condition Application (LCA) filed with an employee’s H-1B petition available in a public inspection file within one (1) working day after the date of filing the LCA with the DOL. Any member of the public may request access to the file.  The employer must make the […]

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Labor Condition Application is first step in H-1B Process

The requirement of obtaining a certified Labor Condition Application (“LCA”) prior to filing a petition for an H-1B worker was imposed by the Immigration Act of 1990.  The requirement serves two related purposes: ensuring that U.S. wages are not depressed by the hiring of foreign labor and protecting foreign workers from exploitation. In order to have […]

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Mexico braces for effects of Arizona immigration law

By Chris Hawley, USA TODAY MEXICO CITY — The other side of the border is also preparing for the implementation of Arizona’s new immigration law, which could lead to a surge of deportees back to Mexico. Migrant shelters along the border in Mexico say they’re bracing for new arrivals after the law goes into effect Thursday. […]

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Immigration: The United States v Canada

As a matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other […]

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Department of Homeland Security announces implementation of ESTA

ESTA is a new, fully-automated, electronic system for screening passengers before they begin travel to the U.S. under the Visa Waiver Program. ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip […]

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New machines scan IDs at border crossings

Agents along the Canada and Mexico borders are using a controversial new machine that can “read” the personal information contained in some government-issued ID cards — such as passports and driver’s licenses — as travelers approach a checkpoint. The Homeland Security Department says the new practice will tighten security and speed the flow of traffic. […]

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Global Entry Program to be made Permanent

Recently, DHS published a final rule establishing the Global Entry pilot program as a permanent initiative.  Global Entry allows pre-approved, low-risk travelers expedited clearance through the international arrivals and admissions process at one of 20 U.S. international airports. Global Entry members may utilize streamlined, automated kiosks as an alternative to regular passport processing lanes.  At the Global Entry […]

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US Customs Begins Rolling Out Pre-clearance Kiosks at Canadian Airports

According to an announcement released by US Customs and Border Protection (CPB) last week, Global Entry kiosks are now available at preclearance locations at Vancouver International airport and Ottawa’s MacDonald-Cartier airport. The kiosks will also be available at Toronto’s Lester B. Pearson International and Montreal’s Trudeau International airports by September. Kiosk placement at Canadian preclearance locations is part […]

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What is a Crime of Moral Turpitude?

Anyone who has been convicted of a Crime of Moral Turpitude (“CIMT”), will require an immigration waiver to enter the U.S.   CIMTs commonly involve elements of fraud, larceny, or intent to harm persons or things. CIMTs can be committed against property, governmental authority, people, family relationships, and sexual morality.  They also include intentional distribution of controlled substances; […]

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"Ready Lane" at Peace Bridge Speeds Inspection Process

With the spring travel season upon us, we would like to remind you that Customs and Border Protection (“CBP”) offers a “Ready Lane” to certain individuals. Motorists possessing Radio Frequency Identification (“RFID”) technology-enabled passports, enhanced drivers licenses, new permanent resident cards, and NEXUS, SENTRI or FAST program cards implanted within WHTI travel documents, may take advantage […]

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"Ready Lane" at Peace Bridge Speeds Inspection Process

With the spring travel season upon us, we would like to remind you that Customs and Border Protection (“CBP”) offers a “Ready Lane” to certain individuals. Motorists possessing Radio Frequency Identification (“RFID”) technology-enabled passports, enhanced drivers licenses, new permanent resident cards, and NEXUS, SENTRI or FAST program cards implanted within WHTI travel documents, may take advantage […]

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WHTI – Approved Border Entry Documents

The Western Hemisphere Travel Initiative establishes document requirements for travel by land or sea into the United States from Canada, Mexico, the Caribbean and Bermuda. Travel between the U.S., Puerto Rico, and the U.S. Virgin Islands is not affected. The goal of the initiative is to strengthen border security while making entry into the United States for […]

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My Conviction has been Pardoned. Why am I still Inadmissible?

Many people who have been convicted of crimes in their past are ultimately granted pardons by their government.  They are under the impression that a pardon “wipes their record clean.”  This is not the case however, for U.S. immigration purposes. Under U.S. immigration regulations, judicial expungements do not eliminate criminal convictions.  Further, an individual who […]

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CIS Now Accepting H-1B Petitions for FY 2013

Effective April 2, 2012, U.S. Citizenship and Immigration Services (“CIS”) began accepting H-1B Petitions for fiscal year 2013 which begins on October 1st. CIS will consider cases “accepted on the date that CIS takes possession of a properly filed petition with the correct fee.”  (As opposed to the date a petition may be postmarked or delivered to […]

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Easing the Nonimmigrant Visa Application Process

Berardi Immigration Law, and our clients share the goal of an expedient and successful visa application process.  Achieving this vision relies on a myriad of factors, most importantly the expectations and requirements of the respective U.S. Consulate or Embassy. It is often difficult to navigate the varying information contained on Consular websites and nearly impossible […]

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Authority of CBP Agents: Oh Yes They Can!

At ports-of-entry Customs and Border Protection (“CBP”) Agents have the authority to search people and their personal affects such as purses, luggage, computers and vehicles.  This rule may also apply to outgoing traffic of people who are departing the United States.  CBP Agents do not need a warrant or even reason to suspect an individual […]

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Case Study: L-1A Status Granted to Canadian Executive

Recently, Berardi Immigration Law was retained by a high-level Canadian executive who was stopped by CBP at the pre-flight inspection in Toronto.  This individual, who had been entering the U.S. once or twice a month was aggressively questioned in secondary inspection and missed his flight.  Reluctant to attempt entry again, he was unable to appear […]

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Traveling with Children

Because of the ever-increasing incidents of child abductions in disputed custody cases as well as child pornography and abuse, Customs and Border Protection (“CBP”) recommends that unless a child is accompanied by both parents, a statement be provided which grants permission to individuals traveling with their children. While CBP may not necessarily ask for this type of […]

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One Year Admission to the U.S. for Unmarried Domestic Partners

CBP has recently provided guidance on the admission of unmarried, cohabitating domestic partners of nonimmigrant aliens coming to work or study in the U.S. An individual presenting a valid passport and B-2 visitor’s visa who is accompanying a nonimmigrant alien entering the U.S. in long-term status for employment or study reasons should be admitted to […]

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