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Berardi Blog

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

  • 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 […]
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  • Breaking News on H-1B Extension Rules and DACA Phase-out

    USCIS Not Considering Change to H-1B Extension Rules The U.S. Citizenship and Immigration Services (USCIS) has stated that it is not considering a regulatory change to the H-1B extension rules. It was previously reported that the Department of Homeland Security (DHS) was looking at whether it could stop approving H-1B extensions for H-1B workers who […]
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  • L-1 Case Summary 01.05.2018

    On Friday, January 5, 2018, Partner of Berardi Immigration Law Jennifer Behm met with four clients at the duty free to prepare them for presenting their L-1 applications. Three of the four applicants were actually clients from other local attorney offices. Berardi Immigration Law offers the unique service of meeting clients in Fort Erie right […]
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  • Electronic Device Searches: New CBP Policy Directive

    On January 8, 2018, CBP issued Directive No. 3340-049A in order to provide guidance and standard operating procedures for searching, reviewing, retaining and sharing information contained in electronic devices. Among the numerous minor procedural changes, the Directive outlines a few major developments: CBP is no longer permitted to access information stored on the cloud. The […]
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  • Travel Ban Update

    The President’s third attempt at preventing certain foreign nationals from entering the United States has hit another speed bump. On December 22, 2017, the 9th Circuit Court of Appeals issued a unanimous decision to partially block the latest Trump travel ban, which was issued via Presidential Proclamation on September 24, 2017. The three-judge panel determined […]
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  • Travel Update: Changes to Visa Waiver Program

    The Trump administration has announced new rules in place for the 38 countries participating in the U.S. Visa Waiver Program (VWP). On December 15, 2017, the Department of Homeland Security (DHS) announced that it would be rolling out enhanced security measures for the VWP as part of the administration’s ongoing counterterrorism efforts. The new rules […]
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  • American Consulate in Toronto Implementing New Appointment Scheduling System for E-Visas

    On December 5, 2017, the American consulate in Toronto implemented a new appointment scheduling system for E-visas. The new system is strictly a processing change that will allow the consulate to receive and review E-visa applications before the applicant schedules an in-person interview. Compared to the old system, which permitted applicants to schedule an appointment […]
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  • NAFTA TN Status Eligibility Update

    The North American Free Trade Agreement (NAFTA) created special economic and trade relationships between the U.S., Canada and Mexico. As part of this agreement, the TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. More specifically, a beneficiary must […]
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  • Breaking News: USCIS to Implement the International Entrepreneur Rule

    On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would be taking steps to implement the International Entrepreneur Rule (IER). The IER establishes new regulatory provisions that guide the use of parole with respect to entrepreneurs of start-up entities, and is designed to provide an unlimited number of international entrepreneurs with […]
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  • Meeting in Fort Erie to Present L-1 or TN Application

    Our firm offers a unique service to our clients, as our attorneys will meet you in Fort Erie in order to prepare you for presenting your L-1 or TN application to Customs and Border Protection. Watch the full video for more specific instructions on how to get to the Peace Bridge, what to bring, and […]
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  • DUIs and Visa Applications

    A drunk driving record can have serious implications for individuals as they apply for a U.S. visa. The Department of State has determined that alcohol abuse constitutes a mental disorder, and harmful behavior associated with that mental disorder (drunk driving) can bar an applicant from entering the country. How Does This Work? When filling out […]
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  • Traveler Redress Inquiry Program Q&A

    The Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) is the point of contact for individuals who seek information or resolution regarding difficulties they experienced during travel screenings. Some of the more common issues include watch list issues, screening problems at ports of entry, unfair or incorrect delays, boarding denials, or issues in […]
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  • About the NAFTA News Center

    Berardi Immigration Law has just rolled out a new website feature called the “NAFTA News Center.” This one-stop shop provides our clients with everything you need to know about the TN and L-1 nonimmigrant categories, including up-to-date information on current adjudication trends, answering frequently asked questions, and in-depth breakdowns of each visa category. This will […]
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  • Future of Work Permits for H-1B Spouses

    In May 2015, the Obama administration extended eligibility for work authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants. The new regulations permitted H-4 spouses 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 […]
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  • Breaking News: Supreme Court Allows Latest Travel Ban to Go Into Full Effect

    On Monday, December 4, 2017, the Supreme Court ruled that President Trump’s latest travel ban is now in full effect as legal challenges over the ban continue in lower courts. The nine-member court granted the administration’s request to lift two injunctions by lower courts that had partially blocked the ban, which is the third version […]
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  • Travel Ban Update: Latest Travel Ban Reinstated

    The President’s third travel ban has been reinstated, for now. On Nov. 13, 2017, the United States Court of Appeals for the Ninth Circuit issued an order staying the Hawaii District Court’s decision that issued a preliminary injunction against the highly controversial travel restrictions. So what does this mean? With travel ban 3.0 now in […]
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  • Holiday Border-crossing Tips

    With the holiday season fully upon us, people are beginning to make their holiday travel plans to visit family and friends across the border. According to the U.S. Department of Transportation, long-distance driving travel increases during Christmas and New Year’s by 23 percent. With so many travelers hitting the road in December, below are some […]
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  • 2017 Employment-Based Green Card Statistics

    A foreign national may obtain an employment-based green card if the beneficiary has a valid job offer from a U.S. employer. A green card is a highly sought-after immigration benefit as it allows a foreign national the opportunity to live and work in the United States on a permanent basis. Nonimmigrant employment-based visas, such as […]
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  • TN & L-1 Case Summary 11.21.2017

    Managing Partner of Berardi Immigration Law, Rosanna Berardi, met two of our clients in Fort Erie, Canada to review their NAFTA applications that our firm prepared. The first application was a TN renewal for a Computer Systems Analyst. While these applications are typically very straightforward, this one was a bit of a challenge as the […]
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  • What is a Function Manager?

    Both the L-1A and the EB-1C are designated for multinational executive or managerial employees. The L-1A is a nonimmigrant work visa that permits a company to transfer a qualifying foreign employee to the U.S. to work temporarily in a managerial or executive capacity, while the EB-1C is an immigrant visa that permits a foreign company […]
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