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.