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Berardi Blog

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

  • DHS Issues Warning on Recent Telephone Scams

    The U.S. Department of Homeland Security (DHS) recently issued a fraud alert notifying the public about a scam using the DHS Office of Inspector General (OIG) hotline telephone number. In the calls, scammers have identified themselves as U.S. immigration employees and have altered their caller ID to seem like the call is coming from the […]
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  • Immigration under the Trump Administration: Fact or Fiction?

    United States immigration policy has been at the forefront of media coverage since President Donald Trump took office in January. Unfortunately, much of what has been reported is either exaggerated or inaccurate. Berardi Immigration Law has spent the first quarter of the year addressing immigration in the news, and we have addressed the media on […]
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  • Feature at Female Founder Friday

    On April 28, 2017, Managing Partner of Berardi Immigration Law Rosanna Berardi was the featured speaker at the University at Buffalo’s event Female Founder Friday. Female Founder Friday was a running series of events at this local university that allowed students to hear from successful female entrepreneurs sharing their stories and tips for success. Throughout […]
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  • The Balasubramian Family: A Long Immigration Journey with a Happy Ending

    The Balasubramanian family first came to Berardi Immigration Law for assistance with their immigration needs in August of 2012. They had a unique and complex matter that required a careful and thorough analysis by a U.S. immigration attorney. The Balasubramanian family lived in the United States in lawful, valid nonimmigrant status through 2008. The mother […]
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  • USCIS to Issue Redesigned Green Cards and Employment Authorization Documents

    USCIS announced last week that it will be redesigning the Permanent Resident Card (also known as a green card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017. These redesigns use enhanced graphics and fraud-resistant security features […]
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  • President Trump Signs Executive Order Urging Reform of the H-1B Visa Program

    Yesterday, President Trump signed his latest executive order titled “Buy American and Hire American.” In the order, government agencies are asked to review policies related to all visa programs and recommend changes to root out “fraud and abuse” and to propose additional reforms so that H-1B visas are awarded to the most skilled or highest-paid […]
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  • Moving Your Belongings From Canada to the USA? Here’s What You Need to Know

    Each year, countless numbers of Canadians and their families decide to make the permanent move to the United States. This can be both an exciting and stressful time. It marks a new chapter of life and a new beginning in a different country with all new experiences to be had. However, the move across the […]
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  • USCIS Issues New Guidance on H-1B Visas for Computer Programmers

    On March 31, USCIS issued a policy memorandum that provides new guidance regarding H-1B visas for computer-related positions. This document supersedes and rescinds a December 2000 memorandum that the agency has deemed “obsolete” and an inaccurate explanation of the current policy on H-1B visa criteria. This new memo amends the prior analysis for determining when […]
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  • Cap Exempt Employers for H-1B Visas

    Foreign nationals employed by certain employers are exempt for the H-1B cap and are not required to enter the lottery to receive an H-1B visa and can apply for their H-1B at any time of the year. In general, cap exempt employers are institutions of higher education, government research organizations, non-profit research organizations, and non-profit […]
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  • Portability & Priority Date Retention

    The new rule published by USCIS eases the impact of I-140 petition revocations and codifies certain longstanding agency policies on I-140 job portability. These benefits are intended to ease restrictions on job mobility for foreign workers, especially from India and China, during their U.S. employment-based immigration process. The rule codifies USCISs interpretations of two key […]
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  • DOL Announces Further Measures to Detect H-1B Visa Fraud and Abuse

    Shortly after USCIS announced plans last week for increased enforcement efforts against H-1B employers, the U.S. Department of Labor also issued its own news release summarizing how it will help detect H-1B fraud and abuse. The DOL plans to protect U.S. workers from H-1B program discrimination by providing “greater transparency and oversight.” The DOL memo […]
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  • USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse

    On Monday, April 3, USCIS released a memo announcing multiple measures to further deter and detect H-1B visa fraud and abuse. Protecting American workers by combating fraud in the employment-based immigration programs is a top priority of USCIS. The memo states, “The H-1B Visa Program should help U.S. companies recruit highly-skilled foreign nationals when there […]
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  • What to Expect During a USCIS Site Visit

    One of the ways that USCIS ensures employers are H-1B compliant is through site visits. A site visit occurs when an immigration officer visits the worksite of selected H-1B foreign nationals. These site visits are generally chosen at random and are unannounced, meaning that H-1B employers and employees should be prepared for such potential visits […]
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  • CBP Launches Border Enforcement Statistics Webpage

    The Department of Homeland Security has recently published a memo unveiling a webpage with a summary of Customs and Border Protection (CBP) enforcement actions related to inadmissibles, apprehensions, arrests of individuals with criminal convictions, and individuals who have been apprehended multiple times crossing the border illegally. CBP is the nation’s largest federal law enforcement agency […]
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  • Great Britain to Follow United States Lead on Electronic Device Ban

    The United States recently announced that it would impose a ban on certain electronic devices from being carried in the cabin of commercial airlines on flights from specific, predominantly Muslim countries. The new restrictions affect nine airlines flying from 10 airports in Jordan, Egypt, Turkey, Saudi Arabia, Kuwait, Morocco, Qatar and the United Arab Emirates […]
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  • Amherst Republican Women

    On March 27, 2017, Managing Partner of Berardi Immigration Law, Rosanna Berardi, was asked to be the featured speaker for the Amherst Republican Women’s monthly meeting. The Amherst Republican Women’s Group is a division of the Erie County Federation of Republican Women, created in 2012. This organization encourages and supports the candidacy of Republican women […]
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  • EAD Rule: Compelling Circumstances

    On January 17, 2017, the Department of Homeland Security (DHS) began implementing its amended regulations regarding certain employment-based immigrant and nonimmigrant visa programs. The government published its final rule regarding the proposed changes in November 2016. The final rule provides the text of the new and revised regulatory language as well as DHSs responses to […]
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  • L-1 Foreign Employment Requirement

    The L-1 category for intracompany transferees is available to individuals who have worked on a full-time basis for at least one year in the three years preceding the petition for a foreign corporation with a parent, subsidiary, branch or affiliate in the U.S. Foreign Employment Requirements Qualifying Capacity The applicant must qualify in a capacity […]
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  • Immigration Best Practices for Mergers & Acquisitions

    QUESTIONS TO ASK ABOUT THE PROPOSED MERGER/ACQUISITION: How is the deal to be structured? Is it a merger or a spin-off where employees will have a new employer with a different FEIN? Is it a stock purchase? Is it an asset acquisition where no liabilities are being assumed? Is it a successor in interest where […]
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  • Best Practices for Employers to Avoid Immigration Violations

    General Overview Enforcement actions or audits can be carried out by various arms of the government, including U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), and the Department of Labor (DOL). Inquiries by one government agency will often result in inquiries or actions by another government agency. The most common types of […]
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