Increased Scrutiny Coming to Nonimmigrant Visa Adjudications
Authors: Natalie L. McEwan (Atlanta), Sara E. Herbek (Atlanta)
Published Date: October 26, 2017
Since 2004, the U.S. Citizenship & Immigration Services (USCIS) has adhered to a policy of deferring to prior determinations when adjudicating petitions for extensions of nonimmigrant status. Its memorandum of October 23, 2017 indicates that this policy will change.
When filing extension petitions for employees, employers will want to make clear that their sponsored positions and sponsored employees meet all relevant requirements for their visa category—even in cases in which there has been little change from the initial petition filing.
*Currently licensed in Florida only. Natalie L. McEwan concentrates her practice in the area of immigration. She handles all aspects of immigration law, including applications for non-immigrant visas, immigrant visa consular processing, employment-based and family-based immigrant petitions, PERM, applications for change of status and extension of stay and applications for adjustment of status and U.S. Citizenship. Natalie also provides I-9 compliance/E-Verify counseling and training for...
*Currently licensed in Illinois only. Sara joined our firm's Raleigh office in November 2012. She moved to Atlanta in October 2016 to oversee the firm’s immigration group in that office. In addition, she currently represents multinational corporations in manufacturing, scientific research and information technology fields. She provides strategic immigration advice regarding the movement of professionals throughout the world, including temporary and permanent work visas. Her representation...