Can Employers Revoke I-140?
Table of Contents
Introduction
Understanding I-140
Can Employers Revoke I-140?
Why an Employer Might Revoke I-140
Effects of I-140 Revocation
How to Protect Yourself
Frequently Asked Questions
Conclusion
Contact and Help
USCIS taking too long? Discover how a Mandamus lawsuit can get your case moving.
Can Employers Revoke I-140?
Navigating the world of immigration can be complex, especially when dealing with forms like I-140. For many immigrants, this form is a crucial step in obtaining permanent residency in the United States. However, one of the most pressing concerns is whether an employer can revoke an I-140. In this article, we’ll explore this possibility and provide tips on how to protect yourself should this happen.
Get free and fast advice via WhatsApp for any questions you have!
Contact Us on WhatsAppUnderstanding I-140
Before we delve into the intricacies of the I-140 process, it is essential to establish a comprehensive understanding of what the I-140 form entails. The I-140, formally known as the Immigrant Petition for Alien Worker, is a pivotal document filed by a U.S. employer on behalf of a foreign national employee seeking permanent residency in the United States. This form plays a critical role in the employment-based immigration process, indicating the employer’s intention to hire the foreign worker on a permanent basis.
What Does I-140 Signify?
Essentially, an approved I-140 serves as a verification of several key factors:
- The employer has a legitimate job offer that meets the requirements set forth by U.S. immigration law.
- The employer possesses the financial capability to pay the specified wage to the foreign worker, ensuring compliance with labor regulations.
- The foreign worker meets all necessary qualifications for the job, including education, experience, and any required certifications.
This verification process is crucial not only for the employer but also for the foreign worker, as it establishes the foundation for the subsequent steps in the immigration journey.
Importance of I-140
The significance of an approved I-140 cannot be overstated. It is a vital component that allows the foreign worker to move forward in the immigration process by applying for a green card, which is a pathway to permanent residency in the United States. Without an approved I-140, the foreign worker faces significant barriers, making it nearly impossible to progress to the next stages of obtaining lawful permanent resident status. Furthermore, the I-140 approval can also impact the worker’s ability to change employers or adjust their immigration status, highlighting its importance in the broader context of U.S. immigration law.
Can Employers Revoke I-140?
Now, to the pressing question: Can employers revoke an I-140? The quick answer is yes, under certain conditions. But this topic isn’t as straightforward as it may seem, and it requires a deeper dive to fully comprehend the different aspects.
The Timing of I-140 Revocation
The timing of when an employer can revoke an I-140 is crucial. If the I-140 has been approved for more than 180 days and the Adjustment of Status (AOS) is filed, the petition generally remains valid even if the employer withdraws it. However, if it hasn’t crossed the 180-day mark, the employer’s withdrawal might indeed nullify the approved petition.
What Are the Employer’s Intents?
Not all employers have the same reasons for wanting to revoke an I-140. It’s beneficial to look into why an employer might take this step before assuming the worst.
Why an Employer Might Revoke I-140
Knowing the reasons behind an employer’s decision to revoke an I-140 can help you understand and perhaps even prevent the revocation.
Business Reasons
An employer might revoke an I-140 for purely business-related reasons. For example, if the company is undergoing a restructuring, facing financial troubles, or if the job position no longer exists, they might decide to withdraw the petition.
Employee Performance
Another possible reason could be the employee’s performance. If an employee is not meeting the job expectations or has violated company policies, the employer might decide to terminate the employee’s petition.
Personal Relations
Unfortunately, sometimes personal conflicts or misunderstandings between the employer and employee can lead to the revocation of an I-140. This aspect makes the job market even more unpredictable.
Effects of I-140 Revocation
The revocation of your I-140 petition can have profound implications for your immigration journey, significantly impacting your current visa status and your aspirations for permanent residency in the United States. Understanding these effects is crucial for anyone navigating the complexities of U.S. immigration law.
Impact on Green Card Application
If your I-140 petition is revoked before you have submitted your Adjustment of Status (AOS) application, your pathway to obtaining a green card may be abruptly interrupted. This situation necessitates that you begin the green card process anew, often requiring you to secure a new employer willing to sponsor you. This can lead to considerable delays and complications, as you will need to restart the labor certification process and potentially face additional scrutiny from immigration authorities.
Moreover, if your I-140 was revoked due to employer-related issues, such as a lack of a bona fide job offer or the employer’s inability to pay the offered wage, it may also raise questions about your eligibility for future petitions. Therefore, it is essential to consult with an immigration attorney to explore your options and strategize your next steps effectively.
Status Implications
The revocation of an approved I-140 can pose serious risks to your current visa status. Depending on your specific circumstances, you may find yourself in a precarious position, where you could be required to leave the United States if you cannot secure another work visa promptly. This is particularly concerning for individuals on temporary work visas, such as H-1B or L-1, which are contingent upon employment with a sponsoring employer.
In some cases, you may have a limited timeframe to transition to a different visa status or to depart the U.S. without facing potential penalties or bans on re-entry. Therefore, it is crucial to act quickly and seek legal advice to assess your situation and explore alternative visa options that may be available to you. Understanding the full scope of the implications of I-140 revocation is vital for maintaining your immigration status and achieving your long-term residency goals.
How to Protect Yourself
Knowing that an I-140 can be revoked might leave you feeling uneasy. However, there are ways to protect yourself from the adverse effects.
Keep Good Performance
The first step is to ensure that your job performance is always up to par. Meeting or exceeding job expectations can decrease the chances of an employer feeling compelled to revoke your petition.
Open Communication
Maintain an open line of communication with your employer. Transparency can go a long way in preventing misunderstandings or conflicts that could lead to the revocation of your I-140.
Seek Legal Advice
Consult with an immigration attorney to understand your options and rights. An experienced lawyer can guide you through the complexities and provide strategies to mitigate risks.
Plan B
Always have a backup plan. Whether it’s looking for new job opportunities or keeping alternative immigration routes in mind, being prepared can save you from a lot of stress and uncertainty.
Frequently Asked Questions
1. Can an I-140 be transferred to a new employer?
Yes, an I-140 can generally be “ported” to a new employer if the new job is in the same or similar occupational category and the current Adjustment of Status (AOS) has been pending for at least 180 days.
2. Can an employer revoke I-140 after 180 days?
While an employer can request a withdrawal, the petition is generally protected from revocation if the AOS has been filed and pending for 180 days.
3. What happens if my I-140 is revoked before 180 days?
If your I-140 is revoked before the 180-day mark, it could invalidate your petition, and you would need a new employer to file a new I-140.
4. How can I check the status of my I-140?
You can check the status of your I-140 online through the USCIS website using your case receipt number.
5. Can I use my I-140 approval for H-1B extensions?
Yes, an approved I-140 can be used to obtain H-1B extension benefits beyond the standard six-year limit.
6. Does an I-140 approval give me work authorization?
No, an I-140 approval does not grant work authorization. It must be followed by a valid visa status or an approved EAD application.
7. How long does USCIS take to approve I-140?
The processing time can vary, but it generally takes several months. Premium processing can expedite the process to about 15 calendar days.
8. Can an employer withdraw I-140 after employee leaves?
Yes, an employer can request to withdraw the I-140 after the employee leaves the company, particularly if it hasn’t been 180 days since the approval.
9. What is the fee to file an I-140?
As of current USCIS fee structures, the filing fee for an I-140 form is $700, but fees may change, so it’s best to check the latest fee schedule.
10. Is it possible to appeal a revoked I-140?
Yes, in some circumstances, it’s possible to appeal a revoked I-140 or to file a Motion to Reopen or Reconsider with USCIS.
Conclusion
Understanding the nuances of I-140 revocation can help you better navigate your path to permanent residency in the United States. It’s crucial to stay informed, maintain good communication with your employer, and seek legal advice when needed. With the right steps, you can protect yourself and increase your chances of successfully achieving your immigration goals.
Need Help? Contact Us!
Our team is here to help you with your immigration needs. If you have any questions or need assistance, feel free to reach out to us at (212) 566-3572. You can also contact us through our online contact form. We are here to support you in every step of your immigration journey.
Want to know more? This article is a must-read: https://mandamus.com/2025/04/16/the-writ-of-mandamus-in-comparative-legal-systems/
Get complimentary general advice via email or WhatsApp!
For more in-depth legal counsel, phone or office consultations are available for a flat fee for up to 40 minutes.
Contact Us on WhatsApp Visit Our Contact Page