Berardi Blog
The Berardi Immigration Law blog – find all our posts here.
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Qualifying for an H-1B Specialty Occupation
Qualifying as an H-1B Specialty Occupation By Angela J. Schnell, Esq. Background In April 2017, President Trump signed the Buy American and Hire American Executive Order (EO 13788), which aims to stimulate economic growth, promote economic and national security, strengthen the U.S. middle class, and create good jobs for Americans at decent wages. Section 5 […]Read More -
Right to Privacy at the Border Under the Trump Administration
On March 6, 2018, Rosanna Berardi, the Managing Partner and Founder of Berardi Immigration Law, presented a webinar to more than 190 participants through the Practicing Law Institute. The Practicing Law Institute offers programs and publications to serve attorneys and professionals in all areas of practice through continuing education efforts. The topic of this webinar […]Read More -
Proposed Rule to Eliminate the H-4 EAD Program Delayed
In 2015, the Obama administration created regulations extending eligibility for work authorization to H-4 dependent spouses. Currently, H-4 spouses are permitted to apply for employment authorization only if their H-1B spouse is (1) the principal beneficiary of an approved Form I-140, or (2) has been granted H-1B status under the American Competitiveness in the Twenty-First […]Read More -
Investigating Marriage Fraud
A marriage entered into solely for the purpose of procuring an immigration benefit, often referred to as a “sham marriage,” is not valid under the law, and United States immigration officials have far-reaching authority to intrude upon the applicant’s personal lives and investigate. For the most part, the investigation that a U.S. immigration official might […]Read More -
DACA Update: Supreme Court Won’t Hear Appeal of DACA Ruling
In September, the Trump administration announced that it would shut down the DACA program on March 5. Since then, two federal judges have ordered the administration to maintain major components of the program while legal challenges move forward. In January, Judge William H. Alsup of the Federal District Court in San Francisco ruled that the […]Read More -
Can a U.S. Green Card be Revoked?
Generally, a Green Card allows the holder to live and work in the U.S. on a permanent basis, but your rights as a lawful permanent resident are not absolute. The Immigration and Nationality Act (INA) sets forth various grounds upon which a non-citizen may be deported. Keep in mind, however, an individual’s status as a […]Read More -
Using a Credit Card to Pay USCIS Filing Fees
The U.S. Citizenship and Immigration Services (USCIS) recently announced that it has implemented credit card payment options for the filing fees associated with most of its forms. The new payment method is now available for the 41 fee-based forms processed at USCIS Lockbox facilities. All 41 fee-based forms are available to download at uscis.gov. In […]Read More -
NAFTA News Center Video
On February 15, 2018, our Associate Attorney Catherine Dines met one of our clients in Fort Erie, Ontario, Canada in order to help him prepare to present his L-1 application to Customs and Border Protection. Our office drafted the application in full and prepared our client to anticipate the types of questions CBP would ask. […]Read More -
The Border Wall: Q&A
The President’s 2019 budget proposal has just been sent to Congress and includes a request for $18 billion to build a wall along the southern border of the United States. In addition, it includes $2.7 billion to detain up to 52,000 undocumented immigrants and $782 million to hire 2,750 customs and immigration agents. Q: Is […]Read More -
National Vetting Center Created by President Trump
Not to be confused with the National Visa Center, the National Vetting Center (also abbreviated as NVC) was established by President Trump on February 6. The Vetting Center is being created to address the shortcomings of the current vetting protocols and procedures already in place with the Department of Homeland Security. According to White House […]Read More -
What Exactly is Chain Migration?
Immigration policy continues to make national headlines as it has become a central focus of the Trump administration and a major sticking point between Democrats and Republicans. The lengthy and controversial negotiations surrounding the DACA program were recently responsible for a 69-hour government shutdown and the potential of yet another looms near. One term that […]Read More -
NAFTA Negotiations Set to Continue
The United States, Canada and Mexico continue to negotiate the North American Free Trade Agreement (NAFTA), but the divide between each nation’s delegations on major treaty issues does not appear to be shrinking. In fact, many experts are starting to believe that the parties are too far apart to ever reach a deal. The American […]Read More -
Updating the DACA Issue
As expected, immigration was a central focus of President Trump’s State of the Union address Tuesday evening, as he walked listeners through the latest DACA proposal. “For over 30 years, Washington has tried and failed to solve this problem,” Trump said. “This Congress can be the one that finally makes it happen.” The President has […]Read More -
U.S. Green Card Applicants Must Choose Consular Processing or Adjustment of Status
Obtaining a U.S. Green Card is a two-step process. The first step is filing either an I-130 or I-140 petition. The Form I-130 is designated for family members who are filing on behalf of their foreign national relative, while the I-140 is reserved for employers sponsoring a foreign national employee. The second step of the […]Read More -
L-1 and TN Case Summary 01.24.2018
This morning, our Senior Associate Attorney Gabriella Agostinelli met two of our clients in Fort Erie, Canada to prepare them in presenting their applications to Customs and Border Protection at the Peace Bridge in Buffalo. The first case was a TN Computer Systems Analyst application. Gabriella thoroughly reviewed the application with the client and answered […]Read More -
From the Desk of Rosanna Berardi: The Government Shutdown
Late last week, the federal government shut down. While this isn’t completely out of the norm, what is unusual is the fact that the controversy focused on our U.S. immigration system. President Trump’s presidential campaign and first year of office focused heavily on comprehensive immigration reform. The Immigration and Nationality Act hasn’t been formally amended since 1996 and […]Read More -
TN Accountant and TN Management Consultant Summary 01.17.2018
Our Senior Associate Attorney Gabriella Agostinelli recently met two of our clients in Fort Erie, Canada to thoroughly review and go over their TN applications. Our office fully prepared both applications. The first client was applying under the NAFTA TN designation of accountant. He presented his application to Customs and Border Protection successfully and was […]Read More -
How the Government Shutdown is Impacting Immigration-related Agencies
In the United States, a government shutdown occurs when Congress and the President fail to pass appropriations legislation funding government agencies and operations. At midnight on Saturday, January 20, 2018, the federal government shut down. This is the first shutdown in U.S. history to occur while both chambers of Congress and the White House are […]Read More -
Hiring H-1B Employees? Regulation Compliance Reminders
Public Access File When employing a foreign worker in H-1B status, there are a number of Department of Labor (DOL) regulations which must be carefully adhered to. Importantly, H-1B employers are required to maintain a file that is available for public inspection. This is referred to as the “Public Access File” (PAF). A complete PAF […]Read More -
National Interest Waivers and Physicians
The employment-based second preference visa (EB-2) is reserved for individuals holding advanced degrees or its equivalent, or foreign nationals who possess exceptional ability. Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor. That lengthy process, however, can be waived by requesting a National Interest Waiver (NIW). A NIW […]Read More
Recent Blog Posts
- Qualifying for an H-1B Specialty Occupation
- Right to Privacy at the Border Under the Trump Administration
- Proposed Rule to Eliminate the H-4 EAD Program Delayed
- Investigating Marriage Fraud
- DACA Update: Supreme Court Won’t Hear Appeal of DACA Ruling
- Can a U.S. Green Card be Revoked?
- Using a Credit Card to Pay USCIS Filing Fees
- NAFTA News Center Video
- The Border Wall: Q&A
- National Vetting Center Created by President Trump
- What Exactly is Chain Migration?
- NAFTA Negotiations Set to Continue
- Updating the DACA Issue
- U.S. Green Card Applicants Must Choose Consular Processing or Adjustment of Status
- L-1 and TN Case Summary 01.24.2018
- From the Desk of Rosanna Berardi: The Government Shutdown
- TN Accountant and TN Management Consultant Summary 01.17.2018
- How the Government Shutdown is Impacting Immigration-related Agencies
- Hiring H-1B Employees? Regulation Compliance Reminders
- National Interest Waivers and Physicians