In the competitive skincare industry, a Canadian entrepreneur with a successful product line sought to expand into the U.S. market. Understanding the complexity of U.S. immigration laws, the entrepreneur approached our firm for guidance on how to effectively expand their business across the border. Strategic Planning After a detailed discussion with our team, it was determined that the E-2 Treaty Investor Visa would be the most appropriate route. This decision set in motion a series of steps to create a significant presence for the entrepreneur’s business in the U.S. Establishing Foundations T ..read more

If you’re a Canadian or Mexican citizen and are feeling down because you weren’t selected in the H-1B visa lottery, we’ve got some good news for you: the TN visa category could be saving grace for staying in the U.S. Every year, thousands of international students face the uncertainty of the H-1B lottery, a process that often feels more like a game of chance than a step towards your career goals. But, if you’re from Canada or Mexico, the TN visa offers a fantastic alternative path to work in the U.S. Let’s dive into why the TN category could be your perfect plan B! What IS the TN Visa? The TN ..read more

Embarking on international expansion is a significant step for any business, marked by challenges and opportunities alike. This narrative outlines the journey of a Canadian company, specializing in greenhouse kits, as it ventured into the U.S. market by establishing a subsidiary in Florida. This story is not only about business expansion but also a testament to the strategic use of the E-2 Treaty Investor Visa. Setting the Scene: A Canadian Entrepreneur’s Vision A Canadian entrepreneur, recognizing the potential for their high-end commercial and residential greenhouse kits in the U.S., decided ..read more

The E-1 “Treaty Trader” visa is a nonimmigrant visa classification designed for citizens of countries that maintain a treaty of commerce and navigation with the U.S. (e.g. Canada, the U.K., Australia, etc.). 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. Trade encompasses a wide range of activities, including trade for services. For example, a business owner or employee may need to enter the U.S. to provide services to U.S.-based customer ..read more

Navigating U.S. immigration law to secure a TN work permit can be a daunting process. We’re excited to share a success story from Berardi Immigration Law, showcasing how careful preparation and understanding of immigration requirements can lead to positive outcomes. This story features a Canadian accountant who successfully obtained TN status, highlighting key steps and insights for professionals with similar aspirations. Securing the Job and Aligning with TN Requirements Our client, a Canadian national, received a job offer from a U.S. company for an accounting position. This role represented ..read more

The PERM labor certification process, overseen by the Department of Labor (DOL), requires U.S. employers to prove that there are no available, qualified U.S. workers for a position in which they want to permanently place a foreign worker. In the event a company has layoffs while undergoing PERM for foreign national talent, there are special rules that apply to ensure that the employer has given careful attention to its own U.S. workers. Specifically, 20 CFR 656.17(k) provides: If there has been a layoff by the employer applicant in the area of intended employment within six (6) months of fili ..read more

Embarking on the path to establishing a business in a new country is no small feat. It requires not just a vision but a deep commitment to turning that vision into reality. Today, we share a more grounded yet equally inspiring story of an entrepreneur who achieved this through the E-2 visa route, focusing on the HVAC industry in Florida. Starting with a Solid Foundation Our entrepreneur’s story begins with the formation of an LLC in Florida aimed at addressing the ever-present need for heating, ventilation, and air conditioning services. This business was not just about installations and repai ..read more

The National Interest Waiver (NIW) stands as a beacon of opportunity for certain immigrants who wish to bypass the traditional labor certification process required for certain employment-based green cards. This waiver is particularly relevant for those who demonstrate that their work in the United States would be of national interest. The interpretation of “national interest” has evolved over time, notably through the landmark Matter of Dhanasar case in 2016.  Prior to Dhanasar, the criteria established by Matter of NYSDOT governed NIW applications, often creating hurdles for applicants d ..read more

Experiencing a layoff can be a challenging period, especially for those on employment-based visas in the U.S. However, filing an I-539, Application to Extend/Change Nonimmigrant Status, can provide the breathing space needed to strategize your next move. This application allows nonimmigrants to transition from their former employment-based nonimmigrant category to another nonimmigrant status, like a B-1 or B-2 visitor, or spousal dependent status such as H-4, TD, L-2, or O-3, or even an F-1 student visa.  The first step after a layoff should be to assess your options promptly. Nonimmigran ..read more

The L-1 nonimmigrant visa category is for intracompany transferees. It allows certain individuals who have one year of qualifying employment abroad in an executive, managerial, or specialized knowledge position to transfer to a related U.S. business entity with a qualifying relationship. What is a “Qualifying Relationship”? A qualifying relationship exists if the foreign entity is either a parent, branch, subsidiary, or affiliate of the U.S. petitioner. This visa category is meant to facilitate the movement of key personnel to ensure the smooth running and development of the company’s U.S. ope ..read more