A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Saturday, May 3, 2014

Reasons for revocation of approved I-140 petitions

An I-140 petition is filed by a U.S. employer on behalf of a foreign worker to request for an immigrant visa. It's purposes are to ensure that the petitioner has met the requirements of the labor certification process and has the financial ability to hire the foreign worker. Further, the foreign worker must also be qualified for the position being offered in terms of education, experience, training, etc.

However, even after an I-140 has been approved, it could still be reopened and revoked subsequently by USCIS.  As a result of the visa backlog in various employment visa categories, it is now taking longer time for a typical I-140 petition filed under the EB-2 and EB-3 visa categories to be current. Consequently, there are also more opportunities for the I-140 to be revoked due to changes in circumstances and newly discovered facts and information. There are many reasons that an I-140 approval can be revoked.  Recently, USCIS gave three such reasons why revocation is warranted in a meeting with AILA on April 10, 2014:

 (1)  Subsequent filings (e.g, I-485, etc.) that contain new evidence that casts doubt on the claims of work experience or other facts in the I-140 petition.  As a result, an investigation is started based on the new evidence.

(2) New evidence or information discovered during the applicant's I-485 adjustment interview which contradicts or otherwise casts doubt on the claims in the approved I-140 petition.

(3) Material change in circumstances due to unavailability of visa numbers and the associated passage of time.

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