Brian Schmitt served as lead counsel on Atanackovic v. Duke, in which plaintiffs sought review of a CBP decision to deny a Canadian physician’s admission into the United States in H-1B visa status. The physician was denied admission because he was subject to the two-year foreign residence requirement of INA § 212(e). The court found that CBP’s refusal to admit the Canadian national physician was an abuse of discretion and not in accordance with the law.
LexisNexis press release. Read the decision. Law360 article.