Berardi Blog

Typically, Marriage-Based Adjustment of Status applications require both the applicant and the spouse to be present for an interview before the case can be approved. For many applicants, the thought of being interviewed by an immigration officer can be stressful and overwhelming. However, applicants who are well-prepared should not worry! The Green Card interview is […]

USCIS announced on May 4, 2015, that it had completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected through its computer-generated random process. At this time, USCIS will now begin returning all unselected H-1B cap-subject petitions. Due to the high volume of filings, the time frame for returning these petitions remains uncertain. […]

Hundreds of thousands of travelers, citizens and foreign nationals alike cross the U.S. border every day. Many may be surprised to learn that border patrol agents do not need a warrant, any suspicion of wrongdoing or even consent to search a vehicle and all passenger belongings, including electronic devices. With the exception of foreign and […]

The 2015 Special Olympics World Summer Games will take place in Los Angeles, California, from July 25 through Aug. 2, 2015. This year, foreign participants have something new to look forward to: There will be no visa application fee or visa issuance fee required. In 2014, the State Department announced that the fees would be […]

The managing partner of Berardi Immigration Law, Rosanna Berardi, has been featured in the most recent issue of Lawyer Monthly in a piece titled, “My Legal Life.” Lawyer Monthly is a global online and print publication providing news, analysis and features relating to the legal and corporate industries, with more than 108,225 readers. Each month, […]

General Overview Each year, many foreign students in the U.S. transition from F-1 status with Optional Practical Training (OPT) authorization to H-1B nonimmigrant status. As there are a limited number of H-1B visas available each fiscal year, this visa limit is commonly referred to as the “H-1B cap.” U.S. immigration regulations require petitioning employers to […]

USCIS has announced that it will begin premium processing for cap subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher, on April 27, 2015. USCIS also announced that it would temporarily adjust its premium processing practice due to the historic number of premium processing […]

On April 7, 2015, USCIS announced that it had received enough H-1B petitions to satisfy the statutory cap of 65,000 visas and also the extra 20,000 visas allotted for individuals with advanced degrees (the “master’s cap”). At that time, USCIS gave no figure for the total number of H-1B petitions received, but expectations ran high; […]

Since the repeal of DOMA in June of 2013, U.S. citizens and green card holders can petition for their same-sex spouses to reside permanently in the U.S. However, many same-sex couples worry that their application will be handled differently because they are not an opposite sex couple. Fortunately, same-sex couples are treated no differently than […]

United States Citizenship and Immigration Services (USCIS) began accepting applications for the Citizenship and Integration Grant Program for fiscal year 2015 on April 1, 2015. This program is a competitive grant funding opportunity for organizations that prepare permanent residents for naturalization and promote civic integration through increased knowledge of U.S. history, English and civics. The […]

With school out for the week, many college students and families alike will be looking to escape their winter blues with a trip to a hot, tropical location. If you’re looking to plan an overseas vacation but don’t have a U.S. passport, here is a list of five popular destinations where you won’t need a […]

“Advance parole” is permission granted to certain classes of aliens to reenter the U.S. after traveling abroad. Recently, several Congressional members have claimed that DHS has created a new method to citizenship through granting advance parole to recipients of Deferred Action for Childhood Arrival (DACA) and Deferred Action for Parents of Americans and Lawful Permanent […]

USCIS recently released a proposed policy memorandum on adjudication of the L-1B specialized knowledge nonimmigrant visa category. This is a much-anticipated memo, as practitioners and employers have been awaiting this guidance since USCIS promised to review consistency of L-1B adjudication in 2012. The policy memo aims to supersede and rescind previous L-1B guidance issued over […]

Berardi Immigration Law has had a busy first quarter at the U.S.-Canadian border. Since early January, we have appeared on behalf of at least 40 clients on 18 separate days at the Peace Bridge. Some of these appearances were entered on behalf of other attorneys, but most represent clients whose cases our office fully drafted […]

Since the Supreme Court’s ruling in 2013 that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, USCIS has fully accepted petitions and applications on behalf of bi-national LGBT couples who are legally married. Immigration visa petitions filed on behalf of same-sex couples are adjudicated in the exact same manner as those filed […]

In our previous blog, we analyzed the difference between a FEIN (Federal Employer Identification Number) and an ITIN (Individual Taxpayer Identification Number). To review, an ITIN is issued by the IRS to individuals who are required to have a U.S. taxpayer identification number but do not have or are not eligible to receive a Social […]

As many of you may know, it is common to encounter tax-related fields on forms issued for immigration purposes. Two of these fields include the Federal Employer Identification Number (FEIN) and Individual Taxpayer Identification Number (ITIN). It is important to understand the difference between these numbers and the meaning each holds. The FEIN, sometimes referred […]

Social Security numbers are used to report an individual’s wages to the government and to determine a person’s eligibility for Social Security benefits. Obtaining a Social Security number is vital in order to get a job, collect Social Security benefits and receive some other government services. For these reasons, obtaining a Social Security number is […]

Form I-9 is used to verify the employment authorization of individuals hired for employment in the U.S. Unlike most forms provided by USCIS, Form I-9 must be filled out by all employees in the U.S., including U.S. citizens, Lawful Permanent Residents, and all other individuals in nonimmigrant statuses. Nationwide, various government agencies perform random audits […]

Managing Partner Rosanna Berardi discusses the process of obtaining a marriage based green card for same-sex couples. Rosanna outlines the different paths which are available during this process and helpful information to remember about each.