BIL’s First Quarter Border Activity

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Berardi Immigration Law has had a busy first quarter at the U.S.-Canadian border. Since early January, we have appeared on behalf of at least 40 clients on 18 separate days at the Peace Bridge. Some of these appearances were entered on behalf of other attorneys, but most represent clients whose cases our office fully drafted and prepared. A sample of some of our interesting cases include:

• Fast L-1A Approval for a Company Manager Under Blanket L Petition: Large, multinational companies that frequently transfer employees to the U.S. and that meet certain regulatory requirements can file an L-1 Blanket Petition with USCIS to establish a requisite intracompany relationship “in advance.” While Blanket L Approval does not guarantee the automatic transfer of an employee in L-1 status, it does provide the employer with the flexibility to transfer eligible employees to the U.S. quickly and on short notice. One of our cases this quarter involved a managerial-level employee working for a client with Blanket L approval. Our client needed to transfer the employee to the U.S., so we prepared the required forms with evidence of the individual’s qualifying managerial experience. We prepared all other required documentation and met the beneficiary at the Peace Bridge. He was approved L-1A status for three years.

• TN Approval for Landscape Architect: There are over 60 professions recognized by the North American Free Trade Agreement (NAFTA), and any Canadian who is a member of one of these professions may obtain TN status in the U.S. provided all regulatory requirements are met. Canadian citizens are not required to apply for a TN visa at a U.S. consulate but instead may apply for a work permit directly at a U.S. Customs and Border Protection-designated U.S. port of entry or pre-clearance/pre-flight inspection station. In January, we drafted a petition on behalf of a landscape architect, one of the NAFTA-recognized professions, and demonstrated that the applicant had the requisite “baccalaureate or licenciatura degree.” After appearing with him at the Peace Bridge, he was approved TN status for a three-year period.

• TN Approval for Management Consultant: The management consultant category is another profession covered by NAFTA, although its requirements are unique compared to the other listed professions. Unlike a landscape architect and most other NAFTA professions, which typically require a baccalaureate or licenciatura degree, the management consultant category allows applicants to demonstrate eligibility one of three ways: 1) a baccalaureate or licenciatura degree; 2) the equivalent five years of professional experience as a management consultant; or 3) five years experience in a field of specialty related to the consulting agreement. In late January, we prepared a petition for a client who had over 25 years of experience as a management consultant. As a bonus, all of these years of experience were in a field related to the consulting agreement, which in this case involved executive recruiting and human resource management. After preparing her petition with all necessary evidence and appearing with her at the border, she was approved TN status for the length of her assignment in the U.S.

Berardi Immigration Law represents clients in a very broad spectrum of immigration matters. Please call or email us today and allow us to help you cross the border with confidence.

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