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Berardi Blog

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

  • Fee Increase for Certain H-1B & L-1 Petitions: What You Need to Know

    USCIS has recently created a webpage for understanding the fee increase for certain H-1B and L-1 petitions. You can visit that page here. Public Law 114-113 requires certain petitioners to pay an additional fee of $4,000 for certain H-1B petitions and to pay an additional fee of $4,500 for certain L-1A and L-1B petitions. Signed […]
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  • Peace Bridge Recap for May

    May was a very busy month for Berardi Immigration Law. We met a total of 23 clients at the Peace Bridge to present TN and L-1 petitions to U.S. Customs and Border Protection (CBP). We also had several complex cases regarding admissibility issues. Below is a recap of two interesting matters we advised upon this month. • Immigration […]
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  • What You Need to Know About the New STEM OPT Regulations

    As of May 10, 2016, all new STEM applications and all currently pending petitions will be processed under the new STEM OPT regulations, which extend STEM OPT to 24 months and include new employer requirements. Employers will be required to demonstrate sufficient resources to train employees and show they are not replacing U.S. workers. Eligible […]
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  • Employee Spotlight: Associate Attorney Angela Schnell

    Angela Schnell is an Associate Attorney at Berardi Immigration Law. Angela advises clients in numerous aspects of immigration law, including non-immigrant visas, family and employment-based green cards, criminal waivers and NAFTA matters. Angela also regularly represents our clients at the Peace Bridge port-of-entry to present their cases to U.S. Customs and Border Protection (“CBP”). “I […]
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  • U.S. LPRs Must Now Have an eTA When Flying to Canada

    The Electronic Travel Authorization (eTA) is a new Canadian entry requirement for visa-exempt foreign nationals traveling to Canada by air. U.S. permanent residents must have an eTA when flying to or transiting through Canada. This requirement began on March 15, 2016. An eTA is not required when entering by land or sea. However, between March […]
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  • Citizenship Through Parents: An Overview

    The United States allows for children to acquire U.S. citizenship other than through birth in the United States. Persons who were born outside of the United States to a U.S. citizen parent or parents may acquire or derive U.S. citizenship at birth. Persons may also acquire citizenship after birth, but before the age of 18, […]
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  • The Important Role H-1B Workers Play in the U.S. Economy

    Contrary to popular opinion, research shows that H-1B workers complement U.S. workers, fill employment gaps and expand job opportunities for all. Foreign workers fill a critical need in the U.S. labor market, especially in the fields of Science, Technology, Engineering and Math (STEM). The idea that native-born workers compete against foreign-born workers for a fixed […]
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  • Immigration Relief for Those Affected by Severe Earthquakes

    USCIS offers immigration relief measures for people who have been affected by a natural disaster, such as the severe earthquakes that recently occurred in Ecuador, Japan and Burma. To seek relief because of a natural disaster, you must still file any regularly required USCIS form(s) for your specific request, and then explain how the natural […]
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  • April 2016 Peace Bridge Recap

    During the month of April, Berardi Immigration Law presented twenty-two applications for TN/L-1 nonimmigrant status to Customs & Border Protection on behalf of our clients. This month, most of our clients were submitting petitions for L-1A or L-1B status, but a few clients presented applications for TN status as Attorneys, Computer Systems Analysts, and Management […]
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  • Commuter Lawful Permanent Resident Cards

    What is Commuter LPR Status? Regulations now allow a Lawful Permanent Resident (“LPR”) to take up or continue to reside in a foreign territory, such as Canada or Mexico, and commute to his or her place of employment in the U.S. as a special immigrant. Commuter LPRs typically live in Canada or Mexico, but commute […]
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  • Filing an I-130 Petition Abroad for a Petitioner in the U.S. Military

    The USCIS International Operations Division has recently granted blanket authorization for consular posts to accept and process Form I-130, Petition for Alien Relative, from certain active duty U.S. military personnel. The Department of State will now accept and process an I-130 petition filed by an active duty member of the U.S. military stationed overseas in […]
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  • Biometrics Notice Code – What does it mean?

    USCIS places a biometrics notice code in the upper right corner of the ASC notice to tell the ASC what data they need. Here is what those codes mean:   1 – 10 Prints Only     USCIS will take a scan of your fingerprints     2 – Photo, Signature, Index Finger Print   […]
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  • Emergency Advance Parole: What You Need to Know

    Travel outside of the United States may have severe consequences if you are in the process of adjusting your status. In case of an emergency, you should know what documents you need to reenter the country BEFORE you leave the United States. It is important to understand ahead of time whether or not your departure […]
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  • Individual Tax Identification Number (ITIN): What You Need to Know

    The Individual Tax Identification Number is a tax processing number issued by the Internal Revenue Service to ensure that people (including unauthorized immigrants) pay taxes even if they do not have a Social Security Number. ITINs allow the IRS to bring in billions of dollars the federal government would otherwise have no way of collecting. […]
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  • New Form I-9 Proposed

    In an effort to create a “smart” version of the Form I-9 to reduce user error and make the form easier to complete, USCIS has proposed several changes to the form. These include new drop-down menus, field checks, and real-time error messages to ensure data integrity by employers. After USCIS reviews the comments on the […]
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  • Attention: Chinese Citizens with 10-year B1, B2, or B1/B2 Visas

    Beginning in November 2016, in accordance with the agreement signed between the United States and China to extend visa validity, Chinese citizens with 10-year B1, B2, or B1/B2 (visitor) visas in Peoples’ Republic of China passports, will be required to periodically update biographical and other information from their visa application. Updates will be required via […]
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  • Dos & Don’ts of US Border Crossing

    With summer upon us, cross-border travelers can enjoy their trip by keeping these “DOs” and “DON’Ts” in mind. DONT be disrespectful. When approaching inspection, each individual should have their passport or travel document ready to hand to the CBP Inspector, as well as proof of vehicle registration. Phone conversations should be ended prior to entering […]
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  • What is Deferred Action? What is Not?

    As of June 15, 2012, certain young people brought to the United States as children are eligible to request deferred action. U.S. Citizenship and Immigration Services (“USCIS”) is developing a process for these young people to request deferred action and will implement the process sometime in August 2012. Deferred action is: a decision made at […]
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  • Montreal to Handle All Fiancé Visa Interviews in Canada

    Starting April 1, 2016, the U.S. Consulate General in Montreal will be the new interviewing site for all K-1 visas in Canada. The U.S. Consulate General in Vancouver will no longer process K-1 visas, also known as fiancé(e) visas. The U.S. Consulate General in Montreal currently provides all immigrant visa services in Canada. While traveling […]
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  • Important Reminder for H-4 Applicants Traveling Abroad

    Individuals applying for a change of status to H-4, please be advised if you travel abroad before your Form I-539, Change of Status (COS) application is approved, USCIS will consider your application abandoned. This means USCIS will deny your application. If you filed your Form I-765, Application for Employment Authorization, and travel abroad before your […]
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