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Tag: I140

Immigration Updates from USCIS, CBP, DOS, and DOL due to COVID-19

COVID-19 is having a vast impact on immigration operations across all government agencies. To help navigate these challenges, Berardi Immigration Law is providing a summary with the most recent updates from US Citizenship and Immigration Services, Customs and Border Protection, the Department of State, and the Department of Labor.  Updates from USCIS  Premium processing suspended […]

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Employment Based Visas

Every fiscal year, approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of US immigration law. Employment based immigrant visas are divided into five preference categories. These five preference categories include priority workers and persons with extraordinary ability, professionals holding advanced degrees and persons of exceptional ability, skilled workers, professionals, […]

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Portability & Priority Date Retention

The new rule published by USCIS eases the impact of I-140 petition revocations and codifies certain longstanding agency policies on I-140 job portability. These benefits are intended to ease restrictions on job mobility for foreign workers, especially from India and China, during their U.S. employment-based immigration process. The rule codifies USCISs interpretations of two key […]

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EAD Rule: Compelling Circumstances

On January 17, 2017, the Department of Homeland Security (DHS) began implementing its amended regulations regarding certain employment-based immigrant and nonimmigrant visa programs. The government published its final rule regarding the proposed changes in November 2016. The final rule provides the text of the new and revised regulatory language as well as DHSs responses to […]

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Immigration Best Practices for Mergers & Acquisitions

QUESTIONS TO ASK ABOUT THE PROPOSED MERGER/ACQUISITION: How is the deal to be structured? Is it a merger or a spin-off where employees will have a new employer with a different FEIN? Is it a stock purchase? Is it an asset acquisition where no liabilities are being assumed? Is it a successor in interest where […]

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