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Berardi Blog

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

  • Canadian Border Services Agency Announces NEXUS Kiosk Changes

    On April 7, 2014, the Canadian Border Services Agency (CBSA) announced that NEXUS kiosks currently available in the U.S. pre-clearance areas at Canadian airports are being replaced with U.S. Customs and Border Protection (CBP) Global Entry (GE) kiosks. Global Entry is a U.S. domestic trusted traveler program that offers expedited clearance for pre-approved, low-risk members. […]
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  • U.S. Customs and Border Protection Officers are Dedicated to Keeping Us Safe

    Frequently, U.S. Customs and Border Protection is thought of as the authority that just allows people to enter the U.S. and depart upon the conclusion of their authorized stay. While the screening of nearly one million people for entry every day is one of their key functions, many people are unaware of the other vital […]
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  • Need for H-1B Visa Lottery Reignites Call for Immigration Reform

    United States Citizenship and Immigration Services (USCIS) has announced that once again an H-1B visa lottery must be held to determine which H-1B cap-subject petitions filed for prospective H-1B workers will make it to the adjudication phase. USCIS confirms that on the first day it can count petitions, they received more than enough to reach the […]
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  • Taking a Closer Look at Immigrant and Nonimmigrant Visas

    The Department of State has jurisdiction over the issuance of both immigrant and nonimmigrant visas. While most people are familiar with what the visa looks like, many don’t really understand the information it contains. The Department of State has a nice graphic on its website that is intended to show people how to read and […]
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  • H-1B Petitions are in the Hands of USCIS … So Now What?

    These last few weeks of “H-1B season” have been a particularly busy time for immigration practitioners. As of Tuesday, April 1, U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B petitions for the 2015 fiscal year. Under a law that hasn’t been touched by Congress in years, there are only 65,000 new slots available for […]
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  • Resident Nonimmigrant Population Report Provides Interesting Data

    The Department of Homeland Security recently released a report on the size and characteristics of the resident nonimmigrant population in the United States on Jan. 1, 2012. Resident nonimmigrant refers to foreign nationals who are legally admitted into the U.S. for specific, temporary services and with a residency class of admission. The characteristics analyzed include […]
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  • Visa Fraud and Abuse Can Have Serious Consequences

    Many employers who hire foreign nationals to work in the U.S. sat up and took notice when Infosys, the giant Indian technology outsourcing company, agreed to pay $34 million in a civil settlement in 2013. The New York Times, among other media outlets, reported that after a two-year investigation, federal prosecutors in Texas found Infosys had […]
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  • Are All Workers Required to Have a Social Security Number?

    According to the Social Security Administration, 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. You need a Social Security number to get a job, collect Social Security benefits and receive some other government services. If you are temporarily in the […]
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  • A Busy Week of NAFTA Petitions at the U.S.-Canada Border

    Once again, Rosanna Berardi and Jennifer Behm of Berardi Immigration Law have been busy at the Peace Bridge presenting NAFTA petitions with our clients. Here is a summary of some of our latest success stories at the border: • TN status under NAFTA’s Zoologist designation for our client who was offered a job working with birds […]
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  • Tips on Avoiding Immigration Scams

    With 843,000 immigrants coming into the United States during fiscal year 2013, it’s no surprise that immigration services have greatly expanded. While most services seek to help immigrants, some individuals are trying to take advantage of these newcomers with various immigration scams. Immigration scams come in many forms. The most popular happen via telephone, email, […]
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  • USCIS Reaches H-2B Cap for First Half of Fiscal Year 2014

    United States Citizenship and Immigration Services (USCIS) has announced that they have received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2014. March 14 was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2014. According […]
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  • Spring Cleaning During H-1B Cap Season

    If your company will be sponsoring any individuals for H-1B visas, now is a good time to review compliance in your immigration-related matters, specifically with Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) filings. Spring is just around the corner, so dust off those Public Access Folders and Form I-9 Files to […]
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  • Chile Now Included in Visa Waiver Program

    The Visa Waiver Program allows citizens of participating countries to travel to the United States without a visa for 90 days or less if they meet certain requirements. On Feb. 28, 2014, Chile became the 38th country to be designated for the Visa Waiver Program. Beginning March 31, 2014, Chileans will be able to travel […]
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  • Examining ‘Specialized Knowledge’ and its Impact on Employee Transfers

    The L-1B visa classification enables a United States employer to transfer an employee with “specialized knowledge” relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the U.S. Generally speaking, for an individual to qualify for L-1B classification, the employer must: • Have a qualifying relationship with a […]
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  • Comparing the Features of H-1B and L-1 Applications

    The team at Berardi Immigration Law has been working very hard to prepare our H-1B cases for filing on April 1, the first day of the filing period for H-1B visas available for the 2015 fiscal year. Last year, the caps for fiscal year 2014 were met within the first week of the filing period. […]
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  • U.K. Caution Issue has U.S. Immigration Implications

    In the United Kingdom, a “caution” is a formal notice, issued by a police officer, for minor offenses as an alternative to costly and time-consuming prosecution. A caution is not considered a conviction by U.K. law. Cautions were also not considered convictions by U.S. immigration law, but that is beginning to change. (What is the […]
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  • Federal offices closed? USCIS provides guidance on rescheduling

    This winter has certainly had its inconveniences, from floods, blizzards and polar vortexes to unbearable wind chills and more. The harsh weather continues to impact services and operations at United States Citizenship and Immigration Services (USCIS) Field Offices in many areas of the country. Today alone, all federal offices are closed in the Washington, D.C. area, […]
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  • Weekly Recap: Complicated Border Cases Resolved

    Jennifer Behm, associate attorney with Berardi Immigration Law, had a busy week at the Peace Bridge. Following is an overview of some border cases she presented to Customs and Border Protection (CBP) these past few days. TN Engineer vs. TN Computer Systems Analyst One of our corporate clients had an employee they wished to transfer to […]
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  • U.S. Income Taxes: Are Canadians Required to Pay?

    It seems hard to believe that tax season is already upon us! This year, U.S. income taxes must be filed by April 15. If you’re one of the 21 million Canadians who had an extended stay in the U.S. last year, you may be subject to U.S. taxes. How do I know if I will […]
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  • Border Issues Resolved with Assistance from Berardi Immigration Law

    Following are highlights from Berardi Immigration Law’s border work during the past week: • Berardi Immigration Law’s managing partner, Rosanna Berardi, appeared at the Peace Bridge to present an L-1A application on behalf of a client who had reached his seven-year cap. Under the regulations, L-1A status and L-1B status is capped at seven- and five-year […]
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