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  • Understanding Unskilled Workers Under the EB-3 Visa Category

    An Employment-Based, Third Preference (EB-3) immigrant visa allows individuals to work and live in the United States on a permanent basis. Within the EB-3 visa category, there are three subcategories: professional workers, skilled workers, and unskilled workers. All three EB-3 subcategories require obtaining labor certification, proof of a permanent, full-time job offer from a U.S. […]
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  • FAQ: E-1 Treaty Trader Visa

    The E-1 Treaty Trader visa is a nonimmigrant, employment-based visa classification that allows certain foreign nationals to engage in international trade with the United States. This visa category is designed for citizens of countries that maintain a treaty of commerce and navigation with the U.S. It allows them to be admitted to the United States […]
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  • 5 Essential Insights for Physician Recruiters & Hospitals on Physician Immigration

    Here are five essential insights from Berardi attorney Andrea Godfread-Brown relative to physician immigration for recruiters and hospitals. Understanding Visa Statuses of IMGs It’s crucial to know if an International Medical Graduate (IMG) holds H-1B or J-1 visa status. J-1 status necessitates a two-year return to the home country, impacting the transition to H-1B status […]
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  • E-2 Visa: Substantial Investment Requirement Explained

    The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for an E-2 visa, the treaty […]
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  • The H-1B Lottery Process Explained

    The H-1B program allows U.S. employers to sponsor foreign nationals for temporary employment in “specialty occupations.” Essentially, a “specialty occupation” is a role requiring at least a bachelor’s degree, or its equivalent, in a field related to the U.S. position. Since the establishment of the H-1B program in 1990, Congress has set an annual cap […]
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  • Streamlining Visa Processes: New Interview Waiver Categories Announced

    In a move aimed at enhancing efficiency and adapting to evolving needs, the Secretary of State, in consultation with the Department of Homeland Security, has identified specific categories for interview waivers deemed to be in the national interest. These changes, effective January 1, 2024, grant consular officers the authority and discretion to waive in-person interviews […]
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  • Concurrent Employment for NIV Status

    Concurrent employment allows a nonimmigrant visa holder to work for multiple employers simultaneously under the same visa category. Each employer must file a separate petition and receive the requisite approvals from the U.S. Citizenship and Immigration Services (USCIS). Essentially, an individual can work for more than one employer, but each employment relationship must be independently […]
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  • Why You Need an Immigration Lawyer for a NIW

    The National Interest Waiver (NIW) is a way for employment-based, second preference (EB-2) visa petitioners to avoid the PERM labor certification process. Unlike the PERM labor certification process, the NIW allows foreign nationals to self-petition for their EB-2 without being sponsored by a U.S. employer. The NIW process requires thoroughness and meticulous documentation. With the help of […]
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  • Updated “Ability to Pay” Requirement for Employment-Based Visas

    U.S. Citizenship and Immigration Services (USCIS) has recently issued updated policy guidance regarding the analysis of an employer’s ability to pay the proffered wage for immigrant petitions in certain employment-based visa classifications. This guidance, effective as of January 5, 2024, particularly addresses instances where a sponsored worker is changing employers under the American Competitiveness in […]
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  • Is the Immigration Debate Worsening US Doctor Shortage? Here’s How to Fix it!

    Senior Counsel Andrea Godfread-Brown discusses the US doctor shortage and ways to improve it. Throughout her career, Andrea has dedicated herself to mastering the intricacies of healthcare-related immigration. Her focus lies in providing critical legal representation for hospitals and medical practice groups. She adeptly navigates the complex processes involved in helping these clients hire foreign […]
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