President Trump to Terminate NAFTA

The United States and Mexico have reached a preliminary trade agreement that is set to replace NAFTA. President Trump announced on Monday that he will be terminating the existing trade deal between the U.S., Mexico and Canada and enter into a new deal with Mexico. According to Trump, it could end up being “one of the largest trade deals ever made.” The agreement includes new rules set to incentivize manufacturers to source goods and materials in North America. Amongst a number of new regulations, it will require 75 percent of auto content to be made in the United States and Mexico, an increase of about 13 percent from the current NAFTA regulations.  What about Canada? At the moment, the new trade deal is only between the U.S. and Mexico. Canada has been reluctant to join a new trilateral trade pact, but it has shown a continued interest in negotiating with the U.S. With that being said, the pressure is now on Canada to quickly resolve key differences that have ensnared negotiations between the two countries for months. Whether or not Canada joins the agreement has yet to be determined, but even if our neighbors to the north choose to opt […]
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Featured Client of the Month: Jim Armstrong

Berardi Immigration Law recently helped Jim Armstrong successfully apply for and obtain TN work authorization in order to work for a company in the United States. Jim reached out to Berardi Immigration Law following an offer of employment from Best Approach Publications, located in Arizona.  Before reaching out to Berardi Immigration Law, Jim contacted several other attorneys regarding his immigration matter. After his consult call, Jim immediately knew he wanted to work with the attorneys here at Berardi. He says, “Berardi was a breath of fresh air and as soon as I got off the phone following my initial consultation I knew I would be hiring them.” The structure and organization the entire staff provided made the entire process run efficiently, smoothly and without any surprises along the way.  After determining that TN work authorization was the best option for Jim based on his citizenship and previous work experience, his attorney took care of the entire process. Jim was more than thrilled with the assistance he received. “It became clear right away that this was a dedicated and highly efficient team that was prepared to listen to my needs, understand my case and provide the service required to assist me.” […]
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New USCIS Policy Allows Adjudicators to Issue Denials Without RFE or NOID

On July 13, 2018, the U.S. Citizenship and Immigration Services (USCIS) posted a guidance document restoring an adjudicator’s ability to exercise discretion and deny applications, petitions or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) should they include (1) insufficient initial evidence, or (2) evidence for which there is no legal basis for the benefit or request sought (statutory denial).  Insufficient Evidence Under the new policy, an adjudicator may deny an application for insufficient initial evidence if it (a) includes little or no supporting evidence, or (b) no official document is submitted, where the regulation, statute or form requires a submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485). Statutory Denial The new policy also restores an adjudicator’s ability to deny an application where (a) there is no legal basis for the benefit/request sought, or (b) a request for a benefit/relief is submitted under a terminated program. Note: This Statutory Denial does not affect the (Request for Evidence) RFE and (Notice of Intent to Deny) NOID policies that apply to any case under litigation or […]
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Featured Client of the Month: Amber Mac

Amber Mac(Arthur) is a globally recognized Digital Innovation Expert, and one of Berardi Immigration Law’s most recent client success stories.  Amber is a successful entrepreneur, author, keynote speaker and social media influencer. She has authored two bestselling technology books and is also a regular tech expert on major TV and radio networks such as CNN, CTV, Bloomberg, CBS and SiriusXM. She has keynoted over 300 events and worked with some of the world’s top brands such as Google and Nintendo. As a Canadian citizen and in-demand tech expert, Amber got in touch with us earlier this year seeking a strategy that would allow her to travel to the United States in order to maintain her business and speaking engagements. Amber explained that “with a rising number of U.S.-based work requests, we contacted Berardi Immigration Law to properly go through the visa application process.” Considering Amber’s extraordinary ability and accomplishments in the tech field, our attorneys determined that an O-1 visa was the best option for her because it would allow her to enter the United States and fulfill her speaking and business commitments.  Our firm immediately began the application process. “From the moment we contacted Berardi Immigration Law, they’ve been […]
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How to Calculate a Day for Immigration Purposes

Many immigrants and visitors to the United States are often unsure how USCIS defines a day. Although it may not seem like a major issue, miscalculating days either within or out of the United States can have major consequences for foreign nationals either immigrating to or visiting the U.S. It is helpful to divide this topic into two categories: nonimmigrant and immigrant purposes. Nonimmigrant purposes Nonimmigrants refer to people who do not wish to reside and work permanently within the United States. Some examples of this include foreign nationals visiting the United States as tourists or foreign nationals coming to the United States to work on a temporary visa. For nonimmigrant purposes, any traditional 24-hour period in which the foreign national spends even one hour in the United States is considered by USCIS to be one day.  This is something important to keep in mind, especially when making travel arrangements. For example, if a foreign national’s flight leaves early in the morning one day after the expiration of a visa, the foreign national is technically not authorized to be in the United States. In the same vein, foreign nationals run the risk of facing difficulties entering or traveling to the […]
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Featured Client of the Month: Zachary Landon and Fulcrum Construction

Berardi Immigration Law recently helped Zachary Landon successfully apply for and obtain TN work authorization in order to work for Fulcrum Construction in the United States. Zachary reached out to Berardi Immigration Law after he was offered employment as a Construction Engineering Technician (Project Engineer) at Fulcrum. Fulcrum Construction was founded in 2003 and is a nationwide retail commercial construction firm. Their expertise is ground-up store construction, open store remodels and tenant improvements. Fulcrum has successfully completed over 1,500 projects. Fulcrum Construction is a versatile company and has completed major projects for well-known retailers such as Best Buy, Starbucks, Target and Walmart, in addition to smaller projects. In order to be able to take advantage of this incredible career opportunity with Fulcrum, Zachary needed work authorization in the U.S. Before deciding to work with Berardi Immigration Law, Zachary faced some major challenges in trying to obtain status. He originally looked into applying for TN status on his own, but decided to work with Berardi Immigration Law once he realized how complicated and nuanced the process was. Zachary was relieved to have the assistance of our attorneys’ immigration expertise: “It was a great feeling when I found out Berardi Immigration Law […]
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What to Expect at a USCIS Employment Site Visit

The USCIS Fraud Detection and National Security (FDNS) unit is responsible for conducting site visits of workplaces that sponsor foreign workers. These site visits are typically unannounced and are performed to ensure the compliance of the approved nonimmigrant worker petition of H1-B and L-1 workers. Since these visits are conducted without notice, it is best for both employers and employees to be prepared ahead of time and have a general idea of what to expect.  When an FDNS officer arrives for a site visit, the employer should ask to see the officer’s identification and USCIS credentials. The officer will wish to speak with the individual who signed the foreign employee’s petition. If the petitioner is unavailable, the officer will meet with another individual within the company that has authority. An officer will generally ask questions about the employer’s business, annual revenue and the number of employees at a particular location. An officer will also ask questions about the employee such as details of the position, duties and terms of employment. An employer may choose to have an attorney present. To do so, they must inform the officer and request additional time.  The FDNS officer will verify that the employee is […]
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