Berardi Immigration Law

⏰⏰OPT RUNNING OUT AND NO H-1B SELECTION: IS IT TIME FOR DAY 1 CPT? Following the devastatingly low H-1B selection rates over the last several years, many immigration practitioners have seen a spike in the amount of individuals willing to go back to school for yet another degree in the hopes they can immediately begin working for the same employer when OPT runs out, but this time on “CPT” (curricular practical training), and thereby allowing another chance at selection in the next year’s lottery. CPT is work authorization granted to students who are currently enrolled in in a degree bearing program in the US. And, unlike post-completion OPT, which just requires that a student seeks employment that is related to their area of study, CPT carries an even higher threshold - the employment must be “an integral part of the established curriculum” itself. But is Day 1 CPT a good idea ? ↪️ First and most obviously, students are taking a huge financial risk of putting themselves through MORE expensive schooling in the hope of getting another shot at the lottery for the next fiscal year. ↪️ Attending school full time is not only expensive, but incredibly taxing while also working full time. Can’t be an easy mental and physical load knowing you dont even want the degree in the first place, but it’s just a means to an end. ↪️ The chances for selection in the H-1B lottery the next year will continue to not be in your favor. You are hedging a serious bet that selection will happen after all. ↪️ MOST IMPORTANTLY: those who are actually selected in the lottery when enrolled in CPT are almost certainly going to receive an RFE on their H-1B petition, challenging whether you correctly fulfilled the terms of your degree program through which you received CPT. These RFEs ask for substantial evidence that you have completed your courses, attended your classes on campus, show course catalogs, get confirmation from the registrar, etc. I’ve heard some pretty gnarly war stories about denials of the extension of stay portion of these H-1B filings necessitating an H-1B visa stamping only to be held up in administrative processing hell for months on end afterwards. FWIW, in my own experience, I have always been able to overcome any RFE challenging students who utilized Day 1 CPT, and fortunately have always been able to achieve a successful change of status for the students. However, not all practitioners have been so lucky. What has YOUR experience been? #h1b #cpt #immigrationattorney #immigrationlaw Rosanna Berardi, Esq. Jennifer Behm Ruth Garbanzo Andrea Godfread-Brown Zach Ahlstrom, Esq. Rebecca Bentley

Interesting new law out of Tennessee - will other states follow suit? This law would allow physicians who are licensed in their home county to practice in the U.S. without first comping a residency program in the U.S. "Physician shortages pose a daunting challenge to the U.S. health care system. While international medical graduates (IMGs), who account for 1 in 4 physicians in the U.S., play a critical role in boosting the flagging U.S. physician supply, they face substantial barriers to licensing compared to domestic graduates." https://lnkd.in/ekzBqz5F

The E-1 Treaty Trader visa provides a fantastic opportunity for foreign nationals from treaty countries to engage in international trade with the United States. It's specifically designed for those who wish to conduct business on behalf of themselves or their employer, promoting economic exchange and strengthening ties between the U.S. and treaty nations. If you're exploring avenues for international trade, the E-1 visa could be your gateway to new opportunities. Be sure to click on the link below and follow our channel to learn more! #E1 #trade #visa #immigration #workpermit Rosanna Berardi, Esq. Jennifer Behm Gabriella Agostinelli, Esq. Zach Ahlstrom, Esq. Andrea Godfread-Brown Ruth Garbanzo https://lnkd.in/eCNx_Jnk

CLIENT SUCCESS STORY: We recently got an E-1 visa approval for a Canadian wedding photographer who had her own business in Canada. She wanted to be able to come to the U.S. to perform services pursuant to contracts between her Canadian business and U.S.-based clients. For those of you who don’t know, the E-1 visa classification—often referred to as the Treaty Trader visa—is designed for individuals from “treaty countries,” such as Canada, and its primary purpose is to facilitate international trade by allowing business owners and/or their employees to work and live in the U.S. while engaged in substantial and principal trade with the U.S. In submitting this applicant’s E-1 visa application, we included a selection of contracts showing her future work in the U.S..; evidence of her ongoing business operations in Canada; and evidence of her ownership of her Canadian company. I am happy to say she was approved an E-1 visa for a five-year period and her company was registered in the Canada E Visa Program. #Visa #Photographer #ImmigrationLawyer #WorkPermit Rosanna Berardi, Esq. Jennifer Behm Gabriella Agostinelli, Esq. Zach Ahlstrom, Esq. Andrea Godfread-Brown Ruth Garbanzo

🌟 Success Story Spotlight 🌟 My colleague, Andrea Godfread-Brown, and I recently received a Physician National Interest Waiver approval for our client. 🔹 From J-1 to Permanent Residency: In 2010, our client arrived in the U.S. on a J-1 visa. 🔸 Conrad Waiver: As an Oncologist & Hematologist, our client successfully secured a Conrad Waiver by serving patients in a community that falls within a Healthcare Professional Shortage Area (HPSA). As a result of the approved Conrad Waiver, the Physician was able to then transition to H-1B status. 🔸 On the Path to Permanent Residency: Now, 14 years later, our client has an approved Physician National Interest Waiver. With more than five years of dedicated service to their community their community that falls within a HPSA, they can proceed to apply for their Adjustment of Status. We are thrilled with our client's success and are even more excited that they will be able to continue offering invaluable care to their patients. #ImmigrationSuccess #J1toGreenCard 

🌟 The E-2 Visa Journey of a Florida HVAC Business 🌟 Establishing a business in a new country is a monumental task that requires a vision and an unwavering commitment to making that vision a reality. Today, I'm thrilled to share an E-2 visa success story about our client's venture into the HVAC industry in Florida. 🛠 Starting with a Solid Foundation This entrepreneurial tale begins with the strategic formation of an LLC in Florida, targeting the essential demand for heating, ventilation, and air conditioning services. More than just fulfilling installation and repair needs, this business set out to offer a full suite of HVAC services, ensuring top-notch quality and reliability. 💼 The Investment Recognizing the importance of a substantial investment, our client invested over $100,000 to setup their new U.S. company. This investment not only covered the acquisition of cutting-edge HVAC equipment and inventory but also included the addition of two company vehicles. 📈 Achieving Visa Approval The meticulous E-2 visa application process involved detailed planning and a compelling presentation of the business's potential for job creation. The dedication paid off during a successful interview at the U.S. consulate in Toronto, leading to the much-anticipated approval. 👨👩👧👦 A New Chapter for the Family This approval wasn't just a business milestone; it marked the beginning of a new chapter for the entrepreneur and their family, who were granted five-year visas. This achievement opened the door to endless opportunities and a promising future in the United States. 💡 Reflections on the Journey This success story exemplifies the impact of dedication, proper planning, and strategic execution in navigating the complexities of the E-2 visa program. It also serves as a reminder of the potential rewards: establishing a thriving business and crafting a new life in the U.S. To entrepreneurs dreaming of launching or expanding their businesses in the United States, this story is a testament to what's possible with the right approach and mindset. ✨ #E2VisaSuccess #Entrepreneurship #BusinessGrowth #HVACIndustry #ImmigrationLaw #AmericanDream Rosanna Berardi, Esq. Jennifer Behm Andrea Godfread-Brown Gabriella Agostinelli, Esq. Rebecca Bentley Ruth Garbanzo

📢 Important Update from USCIS on Form I-693 Validity USCIS announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds. Here is a link to the full news release: https://lnkd.in/eFNsSZ8p #USCISUpdate #ImmigrationLaw #PublicHealth #FormI693