USCIS Adopts AAO Decision on I-140 Revocations

11/21/2017

USCIS recently adopted the Administrative Appeals Office's ("AAO") decision in Matter of V-S-G- Inc., which clarifies that beneficiaries of valid employment-based immigrant visa petitions (Form I-140) who have requested to change jobs or employers are "affected parties" in revocation proceedings.

The portability provision of the American Competitiveness in the Twenty-First Century Act of 2000 ("AC21") allows I-140 beneficiaries to change, or "port", jobs or employers if the petitions have been pending for at least 180 days. In its decision, the AAO noted that "AC21 places certain beneficiaries of Form I-140 petitions within the zones of interests of its statutory provisions that authorize porting to eligible new employment. As discussed above, a beneficiary might not, by virtue of porting, become entirely independent of his or her petitioning employer. Even so, or especially so, AC21 gives some beneficiaries a statutory interest in job flexibility that we will recognize in our administrative immigration proceedings."

Ultimately, the AAO concluded that as affected parties, I-140 beneficiaries who have requested to change jobs or employers are eligible to participate in revocation proceedings. Thus, USCIS will now provide these specific I-140 beneficiaries the opportunity to respond to Notices of Intent to Revoke the previously filed I-140 petitions, as well as the ability to appeal revocations or file requests to reopen or reconsider revocations.

As an adopted decision, Matter of V-S-G- Inc. is now binding policy for all adjudicating USCIS officers.

If you have any questions, please contact your Goel & Anderson attorney.

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