Sherrod Sports Visas taking USCIS to Federal Court for over O-1 and P-1 Visas
For Immediate Release:
Alert!
Sherrod Sports Visas and several of the other premier visa practitioners in the O & P categories are experiencing an abrupt negative shift in the manner the United States Citizenship and Immigration Services (“USCIS”) is processing petitions. It is important for stakeholders with an interest in international athletes, creatives, performers, and other foreign nationals with extraordinary abilities to know what is going on and share information as a community. In addition, we are actively talking to stakeholders and other attorneys about their experiences with USCIS in anticipation of increased litigation in federal court to obtain fair and timely decisions on P-1, O-1, and EB-1A visas.
“We are preparing ourselves to become excellent trial attorneys because USCIS is leaving no choice,” partner Sherrod Seward says. “It is not only important for our clients, but it’s important to multiple industries and entertainment as a whole in the United States, that O-1 and P-1 petitions be adjudicated in a fair and timely manner.”
Foreign athletes and entertainers not only provide culture and diversity to the United States but they also are necessary for our domestic talent to develop into the best in the world. Furthermore, when visas are held up in many high stakes cases, hundreds of jobs are missed out on due to lost revenues.
We are experiencing and learning from our esteemed colleagues that the following negative actions from USCIS concerning O-1 and P-1 visa petitions are occuring:
USCIS is becoming stricter in accepting cases, and delaying sending back case packets with de minimis deficiencies.
USCIS is increasingly delayed in issuing receipt notices and cashing filing fees.
In reviewing cases, USCIS is more aggressive in ignoring explanations of immigration attorneys in cover letters citing the case: USCIS must look to the plain language of the documents executed by the petitioner and not to subsequent statements of counsel. Matter of Izummi, 22 I&N Dec. 169 (Assoc. Comm'r, Examinations 1998).
There is an increased potential for adjudicating officers to ignore and or disregard evidence included with the petition.
Adjudicating officers are also mentioning evidence exists but refusing to apply it to the requirements of the petition or misapplying the use of the evidence.
P-1 petitions are being unfairly and incorrectly criticized for not including an itinerary that requires the participation of internationally recognized athletes. This is a particular issue for sports that do not have a defined season, such as boxing, mixed martial arts, and other individual sports.
Support letters from national regulatory bodies, Olympic federations, and experts are also being ignored.
Sherrod Sports Visas is always making improvements to our petitions to avoid scrutiny from USCIS and will continue to do so. We are actively seeking feedback from stakeholders and other attorneys to collectively find solutions and helpful tactics to fight the issues mentioned above. However, there comes a point where perfect petitions are still not being treated fairly and the intervention of the federal court is necessary.
If you or your organization experienced or are aware of poorly adjudicated cases, we would like to hear your story. We are offering complimentary consultations to stakeholders who are frustrated with the processing of O-1 and P-1 visa petitions in these difficult times. Simply email us at info@sherrodsportsvisas or call 310-209-8545 to schedule a consultation.
Contact: Sherrod Seward, Esq.
Phone: 310-209-8545
Email: info@sherrodsportsvisas.com
Website: www.sherrodsportsvisas.com