Berardi Blog

USCIS has issued an H-1B cap update for Fiscal Year 2012, which commences on October 1, 2011. As of June 15, there have been 15,200 H-1B regular cap petitions received and another 10,200 petitions received applicable to the master’s degree cap. Numbers since the last USCIS update on June 6 are as follows: 1,600 new […]

Governor Robert Bentley signed HB 56 into law last Thursday, making Alabama the fourth state to pass tough new immigration legislation. Civil and immigrant rights organizations are preparing to file a lawsuit blocking it from going into effect on September 1, as planned. Alabama’s law, which was modeled after Arizona’s immigration law, SB 1070, outlines provisions that: require local […]

The American Civil Liberties Union (ACLU) filed a class-action lawsuit in Atlanta federal court last Thursday contesting the constitutionality of Georgia Law HB 87, asking the court to block the law before it takes effect on July 1. Last month, Georgia’s Republican Governor, Nathan Deal, signed HB 87. In an effort to crack down on illegal immigration, the law […]

U.S. Immigration and Customs Enforcement (ICE) announced the arrest of 11 men in Colorado last week, following a routine inspection of eligibility forms by the Department of Homeland Security. A Morgan Countygrand jury indicted 20 men with possessing or using falsified “green cards” and social security cards to obtain employment.  The other nine men remain at large. The Wildcat […]

On May 26, 2011, the Obama administration proposed plans to add driver’s license data to the E-Verify System to determine whether this will help companies better identify people who can legally work in the U.S.  This is a further step in the administration’s ongoing effort to make illegal workers a key part of its immigration enforcement policy. […]

Despite implementation of the Electronic System for Travel Authorization (ESTA) and other enhancements to the Visa Waiver Program (VWP), recent reviews of the program have identified areas of weakness that poseU.S. law enforcement or other security risks. The VWP was developed as a way to promote travel to the U.S. The program allows business and leisure travelers from approved member […]

Last week, the United States Citizenship and Immigration Services (USCIS) announced three fundamental changes to the way it processes applications for the Immigrant Investor Program, commonly referred to as the EB-5 Program. The changes are designed to improve the intake and review process for immigrant investors. Congress created the EB-5 Program in 1990. The goal of this […]

The American Immigration Council’s Legal Action Center commended Sen. Patrick Leahy (D-VT) for conducting a hearing last Wednesday to address the challenges U.S. immigration courts face in providing efficient and fair justice for immigrants. As chairman of the Senate Judiciary Committee, Sen. Leahy is searching for ways to improve a system that needs attention.  The […]

On Thursday, May 26, 2011, The Supreme Court upheld an Arizona law that imposes penalties on businesses that hire illegal workers with the loss or suspension of their business licenses. By a 5-3 vote, the court said current federal immigration law gives states the authority to penalize employers. The court’s decision hinged on a provision in the […]

As state legislative sessions draw to a close for the year, controversial and potentially costly immigration enforcement bills have either failed to pass or are being delayed in Florida, Oklahoma, Tennessee, and Michigan. Following passage of Arizona’s immigration law (SB 1070) last summer, states across the U.S. began writing similar, ‘get tough’ enforcement legislation.  However, lessons learned from […]

Senators Dick Durbin (D-IL), Harry Reid (D-NV) and Robert Menendez (D-NJ) reintroduced the Development, Relief, and Education for Alien Minors Act (known as the DREAM Act) on May 11, 2011.  The bill outlines a pathway for thousands of undocumented students who graduate from U.S. high schools to gain legal immigrant status. The DREAM Act was originally introduced […]

On May 1, 2011, The White House released its plan, “Building a 21st Century Immigration System.” The document outlines immigration law reform aimed at meeting the country’s economic and national security needs while perpetuating America’s history as a nation of immigrants. Since being elected, President Obama has advanced immigration enforcement with: Resources to better secure U.S. […]

On May 5, 2011, U.S. Customs and Border Protection (CBP) announced that its Trusted Traveler Programs reached a total of one million members. The programs—four in total named NEXUS, SENTRI, FAST and Global Entry—expedite entry at U.S. ports for pre-approved, low risk travelers through dedicated lanes and kiosks. Approved commercial truck drivers (FAST), air, sea […]

Georgia Gov. Nathan Deal signed one of the nation’s toughest immigration measures into law at the state Capitol in Atlanta on Friday, May 13, 2011. The law, which is being compared to controversial laws in Arizona and Utah, passed both houses of the Georgia Legislature with overwhelming majorities and is expected to take effect on […]

All employers, agricultural recruiters and referrers for a fee are required to verify the identity and employment authorization of each individual they hire for employment in the United States, regardless of the individual’s citizenship.  In 2008 an Interim Rule was passed that amended DHS regulations governing the types of acceptable identity and employment authorization documents […]

With the impending threat of a government shutdown looming, many are wondering what the possible effects on the various departments that have a role in immigration services might be. While we can only speculate on the results of such a shutdown, the consequences could be far-reaching.   A partial shutdown would likely include those functions that are […]

USCIS started accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked. The H-1B visa is a temporary worker’s visa […]

Congress sets an annual cap on the number of H-1B visas which may be issued in a given fiscal year (October 1 – September 30).  In recent years, this number has been 65,000 – plus an additional 20,000 granted to qualified workers who have earned their Master’s Degree at a U.S. institute of higher learning. […]

Last week, Berardi Immigration Law represented an elderly Canadian woman who had been turned away at the Peace Bridge as a visitor.  The recent widow, who had wintered in Florida as a “snow-bird” with her U.S. citizen husband, was attempting to enter the U.S. in order to sell their belongings and settle her late husband’s […]

Earlier this month, Customs and Border Protection (“CBP”) and Canada Border Services Agency (“CBSA”) had two meetings in Niagara Falls, New York and Toronto, Ontario to discuss the joint U.S.-Canada declaration of a shared approach to security, also known as the Beyond the Border Action Plan. As a result of this plan, CBP and CBSA will […]