Berardi Blog

On Tuesday, May 22nd, USCIS launched their initial release of an online electronic immigration system (“ELIS”).  ELIS is the agency’s first web-based system and was created to modernize the filing and adjudication process for certain immigration benefits. ELIS is aimed at moving away from paper-based applications and petitions as well as providing improved customer service, shorter processing times, and […]

USCIS recently addressed some common misconceptions regarding the filing and adjudication of adjustment of status applications.  Adjustment of status “converts” an applicant’s status from that of a nonimmigrant to a permanent resident or green card holder.  While online immigration forums are popular, they often provide incorrect information and can lead to confusion.  Three of the most common myths […]

Individuals who will be entering the U.S. as nonimmigrants or who have already been admitted by CBP should take care that they do not become overstays, fall out-of-status or accrue unlawful presence. Once an individual is admitted to the U.S., they must maintain their lawful status.  A nonimmigrant may violate their status if they remain in […]

The terms “visa” and “status” are often used loosely and even interchangeably.  However, failure to clearly understand the differences between these words can lead to unintended immigration consequences. A nonimmigrant visa is issued to an individual and placed in their passport by an official at a U.S. Consulate or Embassy which operates under the Department of State.  Visas […]

On May 11th, The Department of Homeland Security announced an expansion of science, technology, engineering and math (“STEM”) designated-degree programs that allow qualified graduates in F-1 student status to apply for an optional practical training (“OPT”) extension. The OPT program authorizes international students who graduate from colleges and universities in the U.S. to remain in the country and receive […]

Earlier this week, U.S. Customs and Border Protection (“CBP“) and Canada Border Services Agency (“CBSA”) announced plans to deliver on key commitments under NEXUS as part of the U.S.-Canada “Beyond The Border Action Plan.” The NEXUS program allows pre-screened travelers expedited processing by CBP and CBSA across the U.S. and Canadian border at designated air, land and […]

Berardi Immigration Law was recently retained by a Canadian Consultant who wished to enter the U.S. for a temporary work assignment.  However, this individual previously resided in the U.S. as a permanent resident and had relocated to Canada some time ago without formally surrendering his green card status. Ms. Berardi analyzed the facts as well as the client’s long […]

Customs and Border Protection (CBP) is piloting a project at the International Bridge in Sault Ste. Marie designed to reduce wait times.  If successful, we can expect the procedures to be implemented at other ports-of-entries. CBP theorizes that more travelers can be processed per hour by reducing the amount of time it takes each vehicle […]

In most cases, an individual who holds green card status in the U.S. must reside here permanently or they risk losing their status.  However, people who have been granted permanent resident status may live in Canada or Mexico even without maintaining a home in the U.S. if they commute regularly for employment in the U.S. To qualify for commuter status, […]

If an applicant for admission to the United States has a prior criminal history or immigration violation, they may be required to obtain a waiver before they can enter the U.S.  One common question we receive is how much it will cost to file a waiver application. Currently, Customs and Border Protection (“CBP”) charges $585 […]

Nutritionists, also known as Dietician’s assist people by planning meal programs designed to promote health and teaching individuals how to make good decisions about the food they eat. A Nutritionist is one of the professions permissible under the North American Free Trade Agreement (“NAFTA”).  To qualify for TN status as a Nutritionist, an applicant must possess a Bachelor’s (Baccalaureate) […]

On June 1, 1927, the Peace Bridge was opened to the public making Buffalo, New York and Fort Erie, Ontario chief ports-of-entry to their respective countries. At the time, the Peace Bridge was the only vehicular bridge on the Great Lakes from Niagara Falls to Minnesota.  Today, it remains one of North America’s most important commercial ports […]

Berardi Immigration Law is often contacted by individuals who want to obtain “U.S citizenship.”  Many times, what our clients really mean is permanent residency.  There are several requirements which must be met prior to applying for citizenship. While U.S. citizenship is sometimes acquired at birth through transmission by a parent or grandparent, more often than not the […]

The terms “visa” and “status” are often used loosely and even interchangeably.  However, failure to clearly understand the differences between these words can lead to unintended immigration consequences. ]]>

Obtaining status in the U.S. is a three-step process involving several government agencies, each with their own policies and requirements.  In this article we provide a condensed version of the steps associated with obtaining employment-based nonimmigrant status. ]]>

The H-1B is designated for individuals who work in a “specialty occupation.”   This term has been defined by Citizenship & Immigration Services (“CIS”) as a position that requires both the theoretical and practical application of a body of highly specialized knowledge and traditionally requires a Bachelor’s degree. H-1B status is granted for an initial period […]

An employer must make documentation relating to the Labor Condition Application (LCA) filed with an employee’s H-1B petition available in a public inspection file within one (1) working day after the date of filing the LCA with the DOL. Any member of the public may request access to the file.  The employer must make the […]

The requirement of obtaining a certified Labor Condition Application (“LCA”) prior to filing a petition for an H-1B worker was imposed by the Immigration Act of 1990.  The requirement serves two related purposes: ensuring that U.S. wages are not depressed by the hiring of foreign labor and protecting foreign workers from exploitation. In order to have […]

By Chris Hawley, USA TODAY MEXICO CITY — The other side of the border is also preparing for the implementation of Arizona’s new immigration law, which could lead to a surge of deportees back to Mexico. Migrant shelters along the border in Mexico say they’re bracing for new arrivals after the law goes into effect Thursday. […]

As a matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other […]