We continue to see immigration as a moving target with recent news of four cables issued by Secretary of State Rex Tillerson guiding implementation of increased security protocols and vetting for consular posts around the world. Secretary Tillerson issued initial cables March 10 and 15 in anticipation of the new Travel Ban scheduled to take effect March 16. In response to the federal court action in Hawaii staying implementation of the new Executive Order, he followed these with a third cable March 16 rescinding large portions of his initial communications. Finally Tillerson sent a fourth cable March 17 providing final revised guidance on policy for vetting identified populations and increased social media checks.

The March 17 guidance directs consular officers to identify populations “warranting increased scrutiny” and also implements a “mandatory social media check” for certain individuals based upon time spent in Islamic State-controlled territories. Although we have seen a slight increase in review of social media in recent years, it is less common than one may believe. Consular officers have indicated that they rarely engage in deep screening due the large volume of social media available and the corresponding time it takes to review the information. In addition to new social media directives, the fourth and final cable also leaves in place direction to “develop a list of criteria identifying sets of post applicant populations warranting increased scrutiny.” While a list of specific questions to ask of individuals from identified countries was rescinded with the March 16 and 17 cables so as to comply with existing law, the general directive remains.

With the exception of the two directives above, consular officials have indicated that the guidance provided in the most recent cable may not stray far from current practice, as visa applications already go through a demanding vetting process. That being said, we do anticipate these new directives will increase visa processing times in many countries. We encourage employers and those planning to travel for visa processing purposes to plan accordingly.

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Photo of Courtney B. Noce Courtney B. Noce

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging from permanent residence (PERM, National Interest Waivers, Extraordinary Ability/Outstanding Researcher, Multi-National Managers, among others) to nonimmigrant visa categories (H-1B, H-3, J-1, L-1A/B, O-1, TN). Courtney has a particular understanding of working with the retail industry and the ever-evolving challenges this industry faces.

Courtney works closely with companies on complex challenges associated with I-9 employment verification, enforcement actions, as well as H-1B and LCA compliance. She provides proactive strategies in the form of onsite training, internal audits and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.

Courtney also assists multinational clients in the area of global mobility and immigration. She has experience helping companies move key personnel into all parts of the world.

Prior to practicing law Courtney worked with the Georgia Department of Economic Development as a Business Development and Project Manager. In this role, she helped Life Sciences and Technology companies move to and expand in the State of Georgia. She worked frequently with international and domestic companies addressing global mobility needs, and is acutely aware of the important role immigration plays for global companies.

Courtney has studied, lived, and worked in Canada, France, and Italy. She is fluent in Italian, proficient in French and has basic Spanish skills.