Can an employer revoke an I-140?

Answer:

Yes, an employer can revoke an I-140 petition under certain circumstances. The I-140, or Immigrant Petition for Alien Worker, is an essential step in the employment-based green card process. Here’s what you need to know about the revocation of an I-140 petition:

Key Points about I-140 Revocation:

  1. Employer’s Right to Revoke:
    • The employer who filed the I-140 petition has the right to request its revocation. This can occur if the employment relationship ends, such as if the employee resigns or is terminated.
  2. USCIS Revocation:
    • U.S. Citizenship and Immigration Services (USCIS) can also revoke an approved I-140 petition on its own initiative. This can happen if the employer or the beneficiary fails to meet certain requirements, such as providing false information or failing to comply with the terms of the job offer.
  3. Consequences for the Beneficiary:
    • If the I-140 is revoked before the beneficiary’s adjustment of status application (Form I-485) is approved, it can jeopardize the green card process. The beneficiary would need to find another employer willing to sponsor a new I-140 petition.
    • However, if the I-140 has been approved for at least 180 days and the I-485 has been filed and is pending for 180 days or more, the beneficiary may still be able to continue the green card process under the American Competitiveness in the Twenty-First Century Act (AC21). This allows them to change jobs or employers without affecting their I-485 application, provided the new job is in the same or a similar occupational classification.
  4. Notification and Process:
    • If an employer decides to revoke an I-140 petition, they must notify USCIS in writing. USCIS will then process the revocation and notify the beneficiary of the action taken.
  5. Legal Assistance:
    • Navigating the complexities of I-140 revocation can be challenging. It’s advisable to seek legal advice from an experienced immigration attorney to understand your options and protect your immigration status.

For more detailed information and guidance on the implications of I-140 revocation, visit this comprehensive resource: Can an Employer Revoke an I-140?.

Understanding your rights and the potential impact of an I-140 revocation is crucial. Professional legal assistance can help ensure you navigate this process effectively and safeguard your path to permanent residency.