Berardi Blog

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 […]

The Department of Homeland Security has announced its plan to finalize an alien exit tracking system based on biometrics data verification and will present it to Congress within weeks. While aliens entering the U.S. legally are tracked, a reliable exit system to verify who has left and when has been sought since before 9/11.  It is estimated […]

Some people may be refused entry to the United States due to a past criminal or immigration matter.  However, even if you are deemed inadmissible to the U.S., you may apply to CBP for a nonimmigrant waiver which waives the exclusion ground and allows you to cross the border. Due to the close relationship between […]

TN classification, established under the North American Free Trade Agreement (“NAFTA”) allows qualified Canadian and Mexican citizens to enter the U.S. temporarily to engage in business activities at a professional level. Dentistry is one of the professions allowed under NAFTA.  To qualify for TN status as a Dentist, an applicant must possess one of the following:  […]

The Department of Homeland Security through Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Border Patrol is tasked with securing U.S. air, land and sea points-of-entry while simultaneously facilitating and streamlining lawful trade and travel. America and Canada share a border of more than 5,000 miles stretching along the continental U.S. and Alaska.  In […]

CIS issued a policy memo on April 10, 2012 providing guidance on the assignment of appropriate gender designations on immigration documents issued to transgender individuals and the adjudication of applications involving transgender marriages. ]]>

DOS Decides to Create Base Petitioner Record for All First Time Petitioners Lack of information in the USCIS Computer Linked Information Management System (CLAIMS) has resulted in a Department of State decision to create a “base petitioner record” for all first time petitioners.  The Kentucky Consular Center (KCC) has begun the process of creating these […]

Berardi Immigration Law’s Universal Visa Services Division was recently retained by a production company that needed to secure a nonimmigrant visa appointment for one of their key personnel on an expedited basis. ]]>

Click here for background information on this topic. These preparation tips are similar to those offered in our previous article: H-1B Visa: Unannounced Site Inspections Expected to Increase Five-Fold in 2010 Proper preparation of employers in the event of an unanticipated site visit or telephonic interview is important.  Please ensure that the designated representative from your company is […]

If an employer terminates an H-1B employee before the end of that employee’s period of authorized stay, the employer is responsible for “reasonable costs” of return transportation of the employee to his or her last country of residence.  Further, regulations require notification to USCIS “immediately.”  This notification is required whether the termination was voluntary or […]

The H-2B is designated for foreign workers to come to the U.S. temporarily to perform nonagricultural services or labor on a one time, seasonal, peak-load or intermittent basis. ]]>

On March 22, 2012, a letter was sent to President Obama by a number of organizations representing a variety of industries and small, medium and major corporations expressing their concerns about the recent increase in requests for evidence and denials with respect to the L-1 visa category.  The Secretary of Commerce, Secretary of State and […]

Berardi Immigration Law successfully implemented a long-term strategy in order to secure L-1B, specialized knowledge status for an individual whose petition had been previously denied by CIS at a service center. ]]>

Letter-to-president-Obama.pdf <<click on text to view letter.

CIS has recently began issuing Notices of Action (Form I-797C) with a new look and feel.  The form will now be printed on plain bond paper, which should save the agency more than $1 million annually and will prominently include the disclaimer “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” ]]>

Sample_Notice_of_Action_New_Version   <== Click here to view the updated Notice of Action  

Naturalization is the process by which U.S. citizenship is conferred upon foreign citizens or nationals after fulfilling the necessary requirements.  Once an individual is naturalized, they enjoy nearly all of the same benefits, rights and responsibilities that the Constitution gives to native-born Americans, including the right to vote. ]]>

A lawful permanent resident (“LPR”) or “green card” holder is a person who has been granted legal permanent residence in the United States.  This status confers the ability for an individual to live and work permanently in the U.S.  In addition, a LPR may own property, attend school and join the Armed Forces.  Green card […]

The Department of State’s Bureau of Consular Affairs will be changing processing fees for border crossing cards, nonimmigrant visas, and immigrant visas at U.S. Embassies and Consulates globally.  Individuals with pending consular appointments should be prepared to pay these new fees. ]]>

Wellness programs are all the rage and could be the future of many employers’ benefit programs.  This is especially true given the skyrocketing costs of health care and prescription drugs, the uncertainly created due to health care reform (PPACA), and reported unhealthy behavior trends among adults in the United States. I receive calls every week […]