The United States Citizenship and Immigration Services (USCIS) just adopted as a matter of policy the Administrative Appeal Office’s (AAO) decision in Matter of V-S-G- Inc., which held that beneficiaries who have been properly ported under AC21 are affected parties. These parties are entitled to receive notice about the potential revocation of the approval of an immigrant visa petition because of their ability to port the petition to new employment and a new employer.
This decision means when USCIS sends a notice of intent to revoke (NOIR) approval or a notice of revocation (NOR) for a Form I-140 (Immigrant Petition for Alien Worker) to the original petitioning employer, it will also need to inform the applicant of the petition in some circumstances. These beneficiaries will receive notice in cases where they have filed a Form I-485 (Application to Register Permanent Residence or Adjust Status) and the form has been pending for at least 180 days. Likewise, they must have already properly requested to port to a new employer.
As of January 17, 2017, eligible applicants must notify USCIS of their intent to port to new employment by filing a Supplement J to Form I-485. If the beneficiary ported before the implementation of Supplement J, he or she must have affirmatively and appropriately notified USCIS in writing. USCIS will adjudicate and must make a favorable choice regarding the porting eligibility in order for the beneficiary to be eligible to receive these notifications. Additionally, these beneficiaries may file an appeal of or a motion on an adverse decision as an affected individual.
If you need help applying for a visa, or appealing a rejection of an I-140, talk to one of our skilled Dallas immigration attorneys as soon as possible. We understand the immigration process can be incredibly complicated, which is why we have dedicated our practice to helping people through a wide variety of legal immigration issues. Let us see what we can do for you.
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Read about a decision by the USCIS to inform certain beneficiaries of their decision to potentially revoke approval of an immigrant visa.
Learn about why the recent USCIS decision might benefit some visa applicants.
USCIS recently made a change regarding how it notifies immigrants of a potential revocation of an immigrant visa. More on our blog.