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Berardi Blog

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

  • CBP Ensures you don't Bug your Sweetheart on Valentines Day

    CBP Agricultural Specialists have been busy inspecting hundreds of millions of imported flowers from South America to be sold to U.S. consumers for Valentines Day.  At ports of entry, CBP ensures that plant pests and diseases are detected and prevented from being introduced to the U.S. flower and agricultural industries. Last Valentines Day season, CBP […]

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  • Job Duties of an ICE Agent

    U.S. Immigration and Customs Enforcement (“ICE”) is the largest investigative agency in the Department of Homeland Security (“DHS”).  ICE employs approximately 20,000 individuals in 400 offices across the United States and globally. ICE Agents conduct criminal and civil investigations involving national security threats, terrorism, drug smuggling, child exploitation, human trafficking, illegal arms export, financial crimes, […]

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  • H-1B Visa: Unannounced Site Inspections Expected to Increase Five-Fold in 2010

    UCIS has verified an increase in worksite visits to H1B employers.  The site visit program began in July 2009, and includes a plan to conduct 25,000 such visits in fiscal year (FY) 2010. This is approximately five times the number of site visits that were conducted in FY2009. Conducted through the USCIS Office of Fraud […]

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  • Specialty Workers (H-1B)

    Are you interested in working in the U.S. as a professional? Do you have a job offer from a U.S. employer? If so, you may qualify for H-1B nonimmigrant status. The H-1B category is designated for temporary professionals to work in the U.S. in a “specialty occupation.” In general, “specialty occupation” is defined as a […]

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  • Temporary Employment Visa Categories

    Overview and Types of Visas (Classifications) The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. If you want to work in the U.S. temporarily, under immigration law, you need a specific visa based on the purpose of your travel and type […]

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  • Intent Matters – The issue of Dual-Intent and the Nonimmigrant Visa

    All employment-based visas are considered nonimmigrant visas. This means that foreign workers in one of these categories enter the U.S. for a temporary period of time and their activity is restricted based on the provisions of their respective nonimmigrant visas. Nonimmigrants must generally represent that they will only stay in the U.S. for a temporary […]

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  • B-1 or Not B-1? THAT is the question

    It can be difficult for foreign workers, who wish to come to the United States for business purposes, to understand when a B-1 Business Visitor Visa is sufficient and when Work Authorization is required. Working in the U.S. without the appropriate authorization can have life-long consequences. Therefore, a careful analysis of the work to be […]

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  • The O-1 Visa Overview

    The O-1  visa is a nonimmigrant visa.  It is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and who have been recognized nationally or internationally for those achievements.  To qualify for an O-1 visa, the […]

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  • Not A Specialized Worker? Alternative Employment Visa Categories

    The H-1B visa is just one of various options available to foreign nationals seeking to work in the United States.  Our firm is well qualified to assist you in obtaining a visa in a category for which you are qualified, including these other frequently utilized categories: L-1 Nonimmigrant Visa: Intracompany Transferees The L-1 visa category applies […]

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  • William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008

    On December 23, 2008, the President signed into law the William Wilberforce Trafficking Victims Protection Reauthorization Act (WWTVPRA) of 2008.  The Act makes several changes to nonimmigrant visa classification criteria, visa processing requirements, and the ground for inadmissibility under INA section 212(a)(2)(H),  A Department of State cable to all Diplomatic and Consular Post was issued in June […]

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  • TN Nonimmigrant Visa: Employing Canadian and Mexican Nationals Under NAFTA

    Basic Information about the TN Visa TN Visas are available to citizens of Canada and Mexico who meet certain requirments. This visa category was created under the North America Free Trade Agreement (NAFTA). Canadian and Mexican citizens can work in the U.S. in positions listed in Appendix 1603.d.1. The 1994 North American Free Trade Agreement […]

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  • NAFTA Nonimmigrant Visas (TN and L-1): A Comparison

    NAFTA Visas: A Comparison L-1 Status TN Status Summary Available to individuals who have been employed on a full-time basis by a foreign corporation outside of the U.S. for at least one year during the preceding three-year period in either a managerial, executive (L-1A), or specialized knowledge (L-1B) capacity.  Individual “transfers” to affiliated U.S. entity. […]

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  • Criminal Waivers

    Were you convicted of a minor criminal offense many years ago? If so, you may be inadmissible to the U.S. Prior Convictions—Options and Relief The Immigration and Nationality Act (“INA”) contains several criminal-related provisions related to admission to the U.S. Specifically, one provision of the INA renders foreign nationals inadmissible if they are convicted of […]

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  • Deportation/Removal from the United States

    The Immigration and Nationality Act contains several provisions regarding the deportation of non-citizens. Non-citizens may be deported for a variety of reasons including criminal issues or illegal entry/employment issues. Long-time “green card holders” or lawful permanent residents of the U.S. are also subject to such provisions. Rosanna Berardi is a former Trial Attorney for the […]

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  • Impact of a Criminal Conviction on Your Immigration Status

    The U.S. government does not recognize foreign pardons when determining admissibility. This means that even if your past conviction was pardoned, you may still need a criminal waiver to enter the U.S. In this video, Attorney Rosanna Berardi discusses when a criminal waiver may be needed. Did you take a plea agreement without realizing you […]

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  • Inadmissibility to the U.S. & the Petty Offense Exception

    Even if advised by CBP that you need to obtain a criminal waiver, you may qualify for the Petty Offense Exception. Don’t go to the time and expense of filing for an unnecessary waiver. Call Immigration Attorney Rosanna Berardi for a consultation to determine if you qualify for this exception. Do you think that because […]

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  • Tips for Peace Bridge Appearances

    US Immigration Attorney, Rosanna Berardi, discusses issues relating to entering the United States. Topics include waivers, entry documents, role of immigration officer, search and seizure rights and other best practices. Under the North American Free Trade Agreement (“NAFTA”), certain applications and petitions that are employment-based may be presented for adjudication by a CBP officer at […]

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  • Job Duties of a CBP Officer

    If you are applying for admission to the United States, you will encounter a CBP Officer at one of the more than 300 land, sea or air ports-of-entry.  CBP Officers are responsible for facilitating trade and travel while simultaneously enforcing hundreds of U.S. regulations which include customs, immigration and drug laws. CBP Officer’s screen all […]

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  • The Faces Within the Department of Homeland Security

    More than 230,000 men and women work for DHS on a daily basis with a common goal of maintaining the security of the United States.  Part of this important mission involves security and management of the nation’s borders as well as enforcement and administration of immigration regulations. Agencies that might typically be encountered include U.S. […]

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  • L-1 Nonimmigrant Visa: Intracompany Transferees

    Is it time to expand your foreign business in the U.S.? Do you work for a foreign corporation that is looking to transfer you to the U.S.? If so, you may qualify for L-1 nonimmigrant status. The L-1 visa category is used to transfer foreign employees to U.S. affiliated companies. Berardi Immigration Law has successfully handled hundreds […]

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