NOIR

H-1B Notice of Intent to Revoke (NOIR) Due to Work Location Violation or Unlawful Presence

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If your employer or you personally received a Notice of Intent to Revoke (NOIR) on your H-1B petition, especially for work location violations or unlawful presence, you are facing a serious immigration issue that can jeopardize your job, status, and future green card eligibility.

The good news? Many H-1B revocations can be successfully challenged with the right legal strategy and evidence but timing is critical. Below are the most frequently asked questions (FAQs) about H-1B NOIRs, worksite compliance, and unlawful presence, and how our attorneys can help protect your status.

What Is an H-1B Notice of Intent to Revoke (NOIR)?

A Notice of Intent to Revoke (NOIR) is a letter from USCIS informing your employer that it intends to revoke an already approved H-1B petition. This happens when USCIS later believes the petition was approved in error or that the employer or beneficiary violated H-1B conditions.

Common triggers for a NOIR include:

  • Change in work location without a new LCA (Labor Condition Application)
  • Third party placement without control or supervision
  • Unlawful presence due to status lapse or withdrawal
  • USCIS site visit inconsistencies
  • Misrepresentation in job duties or worksite details

Why Does USCIS Revoke H-1B Petitions for Work Location Violations?

USCIS regulations require that the LCA and H-1B petition match the actual job location. If an H-1B worker moves to a new city or worksite without filing an amended H-1B petition, it’s considered a material change and a regulatory violation. This can lead to:

  • Notice of Intent to Revoke (NOIR)
  • Finding of unlawful presence
  • Loss of H-1B status
  • Denial of future extensions or green card filings

Even a small change such as working remotely in another city can trigger a compliance issue if no amendment was filed.

What Does “Unlawful Presence” Mean in an H-1B Context?

If USCIS finds your H-1B petition was invalid (for example, due to a location violation), your status may be considered void retroactively, meaning you could have been unlawfully present in the U.S. without realizing it. Unlawful presence carries harsh penalties:

  • 180+ days (but less than 1 year) = 3 year reentry bar
  • 1 year or more = 10 year reentry bar

This is why it’s critical to act quickly if you’ve received a NOIR or suspect an H-1B violation.

How Should Employers Respond to an H-1B NOIR?

If your company receives a NOIR, it must respond within 30 days with documentary evidence refuting USCIS’s claims. A well drafted legal response can often prevent revocation and preserve both the employer’s compliance record and the employee’s lawful status.

Can the Employee Respond Directly to a NOIR?

Usually, the petitioning employer must respond to the NOIR, not the employee. However, the H-1B employee should coordinate closely with an immigration attorney, as a revoked petition can directly affect their ability to stay or change employers. If your employer lacks experience handling a NOIR, or is unwilling or slow to act, we can help ensure your immigration interests are protected.

What Are the Consequences of an H-1B Revocation?

If USCIS revokes the petition, the consequences may include:

  • Immediate loss of H-1B status
  • Accrual of unlawful presence
  • Denial of change of employer petitions
  • Issues with future H-1B cap exemptions
  • Problems with green card processing (especially I-140 or I-485)

How Can We Help With an H-1B NOIR for Worksite Violation?

We can:

  • Analyze the NOIR and identify weaknesses in USCIS’s reasoning
  • Prepare a legal brief and collect evidence of compliance
  • Communicate with USCIS officers on your behalf
  • Negotiate or file a new H-1B petition to maintain lawful status
  • Argue against unlawful presence determinations

Our firm has successfully handled NOIRs caused by remote work, client site projects, and inter company transfers where USCIS initially claimed violations.

What If I Already Accrued Unlawful Presence After a Revocation?

If your H-1B petition was revoked and you’ve already started accruing unlawful presence, you still have options but time is critical. Unlawful presence can lead to devastating immigration consequences, including:

  • A 3 year bar from reentry if over 180 days, or
  • A 10 year bar if over one year.

However, our experienced attorneys have helped clients avoid these bars and regain lawful status by taking immediate legal action. Every day you wait increases your legal risk and can make recovery more difficult.

We Can Help You Respond to a H-1B NOIR or Prevent Revocation

If you or your employer received an H-1B Notice of Intent to Revoke, especially related to work location or unlawful presence, do not ignore it. You have only 30 days to respond, and one mistake can lead to revocation, deportation, or years of immigration delays.

Call us immediately at 305-515-0613 or email info@messersmithlaw.com. Our experienced immigration lawyers have helped hundreds of professionals and employers defend H-1B approvals and avoid unlawful presence findings.

How to Succeed in Your U.S. Immigration Journey: RFEs, NOIDs, NOIRs, Denials, and Success Stories

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Immigrating to the United States is a dream for millions, but the process is often filled with challenges like Requests for Evidence (RFE), Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), and even petition denials. If you’ve received one of these, don’t panic. There are proven ways to respond, appeal, and still succeed. In this article, we’ll break down what each notice means, how to respond effectively, and share real immigration success stories that inspire hope.

What Is an RFE in US Immigration?

An RFE is issued by USCIS when they need more information before making a decision. This doesn’t mean your case is weak. It simply means USCIS wants clarification or additional proof.

Common reasons for RFEs include:

  • Missing documents (birth certificates, translations, or work experience letters)
  • Lack of evidence of extraordinary ability in EB-1A or NIW petitions
  • Incomplete financial records in marriage based or business visas

Always respond before the deadline with strong, well organized evidence. A powerful legal argument plus clear documentation can turn an RFE into an approval.

What Is a NOID and Why Is It Serious?

A NOID means USCIS has reviewed your application and plans to deny it unless you can overcome their concerns.

Common NOID triggers include:

  • USCIS doubts the authenticity of employment history (common in H-1B, EB-1, or OPT fraud related cases)
  • Insufficient evidence of eligibility (not proving “extraordinary ability” or “national interest”)
  • Questions about good faith marriage in family petitions

A NOID requires a strategic, evidence heavy response. We have successfully helped many applicants win approval after submitting expert legal briefs with citations to USCIS policy and federal court cases.

What Is a NOIR and How Does It Differ?

A NOIR is issued after a petition has already been approved, but USCIS has found new information suggesting the approval may have been made in error. This often happens in employment based cases or marriage based petitions.

Reasons for a NOIR may include:

  • Fraud or misrepresentation discovered after approval
  • A petitioner withdrawing support or no longer qualifying
  • A site visit or compliance check revealing discrepancies

NOIRs are very serious because they can undo an approval you’ve already received. However, you still have the opportunity to respond with documentation and legal arguments to preserve your status.

Immigration Denials: What Are Your Options?

If USCIS denies your case, it’s not always the end. Depending on the type of petition, you may be able to:

  • File an appeal with the Administrative Appeals Office (AAO)
  • Submit a Motion to Reopen or Reconsider (MTR)
  • Re-file with stronger evidence

Many denials happen because applicants try to file without legal help, use weak templates, or don’t understand what USCIS is really looking for.

NIW, EB-1A & Other Success Stories

One of the most searched immigration topics today is “NIW success stories” and “EB-1A approval examples.”

Real examples include:

  • A scientist with just 20 publications but strong citation metrics and powerful recommendation letters received an RFE on his EB-1A petition. With our guidance, we built a compelling response that convinced USCIS and secured his approval.
  • A software engineer leading global teams had his EB-1A denied after filing on his own. We took his case on appeal, presented clear evidence of his critical role and industry wide impact, and successfully won the approval.
  • A healthcare researcher received a NOID on a National Interest Waiver petition. By demonstrating the far reaching significance of their contributions to public health policy, we overcame the challenge and achieved approval.
  • A family based petition was issued a NOIR. The clients turned to us, and we assembled robust evidence proving the good faith nature of the marriage, resulting in a successful outcome.

These stories show that even if your case seems weak, the right strategy can turn it around.

How to Respond to an RFE, NOID, NOIR, or Denial

Receiving an RFE, NOID, NOIR, or denial can feel overwhelming, but it’s also an opportunity to strengthen your case. The key is knowing how to respond strategically. The response requires a carefully crafted legal argument backed by solid evidence.

At our firm, we don’t just send documents. We:

  1. Analyze the USCIS concerns in detail and identifying exactly what is missing or misunderstood.
  2. Gather targeted evidence such as expert letters, publications, financial records, or compliance proof, tailored to USCIS’s objections.
  3. Build a legal strategy citing regulations, USCIS policy, and federal case law to directly address the government’s issues.
  4. Organize everything professionally presenting the response in a clear, compelling format that makes it easy for an officer to approve.

Many denials and revocations happen because applicants respond with generic documents or without understanding the law. USCIS is looking for precise, persuasive answers not volume.

We have helped clients turn RFEs into approvals, overcome NOIDs, defeat NOIRs, and even reverse denials on appeal. By combining legal expertise with deep knowledge of immigration policy, we maximize your chance of success.

Don’t Give Up on Your Immigration Dream

Every year, thousands of applicants face RFEs, NOIDs, NOIRs, and denials but many still succeed with the right approach. Whether you are applying for an H-1B, NIW, EB-1A, marriage green card, or waiver, remember: immigration is a process, not a one shot attempt.

An RFE, NOID, NOIR, or denial doesn’t have to be the end of your immigration journey. With the right strategy, many cases can be turned around and we’ve done it for scientists, engineers, researchers, and families just like yours. Our team knows how to analyze USCIS’s concerns, gather powerful evidence, and craft the legal arguments that win.

Don’t leave your future to chance and let us fight for your approval. If you’ve received an RFE, NOID, NOIR, or denial or want to improve your chances of approval on the first try, don’t risk your future by going it alone. Contact us today at 305-515-0613 or email info@messersmithlaw.com . Let us fight to protect your immigration future and help you secure your green card. and let’s turn this challenge into your approval.

Notice of Intent to Rescind Permanent Resident Status: What It Means and How to Respond

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For many immigrants, obtaining a green card (lawful permanent residence) is a dream come true. But sometimes, USCIS may challenge that status by issuing a Notice of Intent to Rescind (NOIR) Permanent Resident Status. This notice means the government believes your green card was granted in error or obtained through fraud or misrepresentation.

If you’ve received a Notice of Intent to Rescind, it’s critical to act quickly. Failing to respond can result in the loss of your permanent resident status and in some cases, removal proceedings.

What Is a Notice of Intent to Rescind (NOIR)?

A Notice of Intent to Rescind Permanent Resident Status is a formal notification from USCIS stating its intention to cancel your green card. Unlike simple RFEs or NOIDs, a NOIR goes after a benefit you already hold.

Common reasons USCIS issues a NOIR include:

  • Alleged fraud or misrepresentation Section INA 212(a)(6)(C)(i) in your original green card application.
  • Marriage fraud or insufficient proof of a bona fide marriage.
  • Discovery of criminal activity or ineligibility after approval.
  • Errors by USCIS in adjudicating your case.
  • Unlawful Immigration Status at Time of Filing (INA 245(c)(2)).
  • Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8)) .

What Happens If You Receive a NOIR?

When USCIS issues a NOIR, you will typically be given 30 days to respond. If you fail to respond or cannot overcome their concerns, USCIS may rescind your lawful permanent resident status.

Consequences may include:

  • Loss of your green card.
  • Being placed in removal (deportation) proceedings.
  • Inability to apply for naturalization (citizenship).
  • Future immigration complications, including inadmissibility.

How to Respond to a Notice of Intent to Rescind

Responding to a NOIR requires a strategic legal defense. Simply sending more documents is rarely enough you must directly rebut USCIS’s allegations with clear evidence and legal arguments.

Here’s how we strengthen responses for our clients:

  1. Analyze USCIS’s claims carefully – We identify the specific legal and factual issues in the NOIR.
  2. Gather targeted evidence – Depending on the specifics of the allegation
  3. Build a legal defense – We prepare a detailed attorney brief citing statutes, USCIS policy, and case law to show why rescission is not justified.
  4. Present a professional response – This will make it easy for USCIS to approve the case.

Success Stories

Success Story 1: OPT Employment & Findream Allegation

A permanent resident received a Notice of Intent to Rescind (NOIR) under INA §212(a)(6)(C)(i) because USCIS alleged misrepresentation in his OPT employment history with Findream. He came to us panicked, fearing deportation. We gathered strong evidence and demonstrated that he was a victim, not a fraudster. USCIS agreed and approved our response, allowing the client to keep his permanent resident status.

Success Story 2: Marriage-Based Green Card with Misrepresentation Claim

A client’s green card was at risk of rescission after USCIS alleged marriage fraud and misrepresentation under INA §212(a)(6)(C)(i). The couple had limited joint documents because of work related separation, leading USCIS to doubt the marriage. We gathered extensive evidence and our response proved the marriage was genuine. The NOIR was withdrawn, and the client’s permanent resident status remained intact.

Success Story 3: Employment Resume Misrepresentation

A skilled professional faced rescission of his green card when USCIS alleged he misrepresented his employment history on a résumé submitted during his immigrant petition process. We conducted a forensic review of his employment records and highlighted discrepancies that were clerical, not intentional. By showing there was no willful misrepresentation, USCIS approved the case, and the client maintained permanent residency.

Success Story 4: Visa Application Misstatement Abroad

A green card holder was accused of misrepresentation after consular officials claimed he failed to disclose a prior visa refusal when applying for permanent residency. He received a NOIR under INA §212(a)(6)(C)(i). The inconsistencies caused by translation errors. USCIS accepted our strong legal arguments, withdrew the rescission, and the client’s green card was preserved.

Success Story 5: Winning Against Dual Inadmissibility Allegations under INA §212(a)(6)(C)(i) and §212(a)(6)(E)

One of our clients faced serious inadmissibility findings under INA §212(a)(6)(C)(i) misrepresentation and INA §212(a)(6)(E) alien smuggling after USCIS alleged false statements in a prior visa application and on his Form I-485. His permanent resident status was at risk of rescission. While mounting a full legal defense against the allegations, we also prepared a Form I-601 waiver based on hardship to his U.S. citizen spouse, ensuring we had every avenue of protection ready. Ultimately, our comprehensive legal arguments convinced USCIS to approve the case outright without the waiver being needed. The rescission was avoided, the inadmissibility findings were overcome, and our client successfully kept his green card.

Success Story 6: INA §212(a)(3)(D) – Alleged Communist Party Membership

A green card holder received a Notice of Intent to Rescind after USCIS alleged he was inadmissible under INA §212(a)(3)(D) for past membership in the Communist Youth League. He had briefly joined during his teenage years in school, unaware of its political implications, and believed it was mandatory for students. USCIS considered this a ground for rescission. We prepared a detailed legal response explaining the involuntary nature of his membership, USCIS accepted our arguments and withdrew the rescission, allowing the client to keep his green card.

Success Story 7: INA §212(a)(3)(A) – Alleged Security Concerns

Another client faced rescission under INA §212(a)(3)(A) after USCIS raised “security concerns” based on a mistaken association with an organization later designated as a threat. In reality, the client had no ties to the group beyond attending a single cultural event years earlier. We carefully documented the nature of the event, provided evidence and highlighted that the statute targets actual threats, not incidental contact. Our legal brief argued that the allegations were unsupported and did not meet the burden of proof required for rescission. USCIS withdrew the allegations, and the client’s lawful permanent resident status was preserved.

FAQs About NOIR and Rescission

1. Can I lose my green card permanently after a NOIR?
Yes. If you don’t respond or USCIS is not convinced by your response, your permanent resident status can be rescinded.

2. Can I appeal a rescission?
Yes. If USCIS rescinds your status, you may fight the decision in immigration court.

3. How much time do I have to respond?
Typically 30 days from the date of the notice. Deadlines are strict.

4. Should I hire an attorney for a NOIR?
Absolutely. A NOIR is far more serious than an RFE or NOID. We can build a strong defense that preserves your green card and avoids deportation proceedings.

Secure Your Green Card. Contact Us Before It’s Too Late

A Notice of Intent to Rescind Permanent Resident Status (NOIR) is one of the most serious challenges a green card holder can face but it doesn’t have to be the end of your journey. With the right evidence, legal strategy, and experienced representation, many clients successfully defend their status and keep their green cards.

If you’ve received a NOIR, every day counts. Don’t risk delays or denials. Call us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. Our team will help you craft a powerful response and take immediate steps to protect your U.S. permanent residency.

H1B Visa Revoked Due to Multiple Filings

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If your H1B visa has been revoked because of multiple cap-subject filings, you’re likely feeling blindsided and unsure about your future in the US. USCIS has recently begun cracking down on H1B petitions that were filed by multiple employers on behalf of the same individual, especially where they believe the filings were coordinated or fraudulent. If your visa has already been revoked or you’re under investigation, you need to act fast to protect your status and career.

Why H1B Revocations for Multiple Filings Are Increasing

In recent years, especially following regulatory changes and data sharing among agencies, USCIS has focused heavily on rooting out fraud in the H1B lottery system. While multiple legitimate offers from different, unrelated employers are allowed, problems arise when USCIS suspects that the filings were orchestrated by related companies or were not for genuine job offers.

We’ve seen many clients who were unaware that their employers were affiliated or that similar petitions were submitted without disclosure. USCIS often issues NOIRs (Notices of Intent to Revoke) claiming that the filings were intended to unfairly increase the applicant’s chances in the lottery. In some cases, they revoke approved H1B petitions even after the applicant started working, leaving individuals suddenly out of status.

How We Help Clients Respond to H1B Revocation Issues

If you’re still in the US, your H1B status may be at risk but you may still have options. We assist clients by:

  • Reviewing the revocation notice or NOIR to understand the government’s specific concerns;
  • Gathering evidence to show that the job offer was legitimate and that you were not part of any scheme;
  • Preparing a legal response to USCIS challenging the revocation or helping you transition to another valid status; and
  • Exploring re-filing options, consular processing, or alternative visa categories if needed

If you’re outside the US, your H1B visa stamp may be canceled or you may be denied reentry. In these cases, we help you present evidence to the consulate, explain the legitimacy of your offer, and clear any fraud related flags on your immigration record.

Don’t Let a Filing Error End Your Career

Having your H1B revoked due to multiple filings is serious but it’s not always the end of the road. We’ve helped clients successfully challenge revocations, maintain legal status, and reapply through new employers. The key is to act quickly and strategically.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your situation, explain your options, and help you take the right steps to protect your future in the US.

Overcoming H1B Visa Cancellations: Strategies and Next Steps

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H1B visa cancellations can disrupt careers and jeopardize plans for long-term employment in the United States. Cancellations typically occur due to job termination, failure to maintain H1B status, or violations of visa terms. If your H1B visa has been canceled or is at risk of cancellation, it is important to understand your options and act quickly to protect your immigration status and career prospects.

One potential option after an H1B visa cancellation is to find a new employer willing to sponsor you. The H1B transfer process allows you to change employers without being subject to the annual H1B cap, provided that the new petition is filed before you fall out of status. This option requires securing a new job offer and ensuring the new employer files a petition promptly. Until the transfer is approved, maintaining status in the U.S. is crucial.

If you are unable to secure a new H1B sponsor immediately, you may consider switching to another visa category to maintain lawful status. For example, applying for an F1 student visa, a dependent visa like H4, or a visitor visa may provide temporary relief while you explore long-term options. Additionally, if you are eligible for adjustment of status (such as through family-based or employment-based green card sponsorship), pursuing this pathway can help you remain in the U.S. legally.

H1B visa cancellations can be stressful, but with timely action and the right strategy, it is possible to regain status or secure a new visa. Consulting with an experienced immigration attorney is critical to navigating this complex situation and determining the best course of action based on your unique circumstances. Contact my office today to discuss your case, explore your options, and work toward a solution that protects your immigration status and career in the United States.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR typically indicates that USCIS is reconsidering the approval of your H1B petition due to concerns such as misrepresentation, lack of qualification, or employer-related issues like non-compliance with labor condition requirements. Similarly, if the State Department contacts you regarding visa cancellation, it may stem from allegations of fraud, eligibility issues, or a review of your employer’s compliance. In either situation, responding promptly and thoroughly is critical. This involves carefully reviewing the notice, gathering supporting documentation, and addressing the government’s concerns to demonstrate your continued eligibility. Legal guidance is invaluable during this process to craft a persuasive response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Overcoming L1 Visa Cancellations: Strategies and Solutions

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L1 visa cancellations can disrupt careers and business operations, especially for multinational employees transferring to the United States. Common reasons for L1 visa cancellations include failing to maintain status, company restructuring, termination of employment, or perceived violations of visa terms. If your L1 visa has been canceled or is at risk of cancellation, understanding your options and taking timely action is critical to protecting your immigration status and future plans.

One of the most common strategies after an L1 visa cancellation is exploring options to remain in the United States under a different visa category. If you meet the eligibility requirements, you may consider applying for an H1B visa (if available), an F1 student visa, or a dependent visa such as L2 if your spouse holds valid status. Transitioning to a new visa category often requires demonstrating eligibility and filing the appropriate petitions before falling out of status.

For individuals facing L1 visa cancellation due to issues with the sponsoring employer, it may be possible to challenge the cancellation. This could involve providing evidence that the company continues to meet the L1 program requirements, such as maintaining qualifying relationships between U.S. and foreign entities and supporting valid employment in an executive, managerial, or specialized knowledge role. In some cases, submitting additional documentation or appealing the decision can resolve the issue.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR indicates that the government is considering revoking your visa or an approved petition due to concerns such as misrepresentation, fraud, or failure to meet visa eligibility requirements. Similarly, if the State Department contacts you about a potential visa cancellation, it may relate to information discovered during visa adjudication, subsequent investigations, or third-party reports. In both cases, it is crucial to act quickly by reviewing the notice, understanding the allegations, and preparing a strong response. This often involves providing evidence to rebut the claims, addressing any misunderstandings, and demonstrating continued eligibility for the visa. Legal assistance is essential during this process to craft an effective response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

H1B Notice of Intent to Revoke (NOIR) Received Due to INA 212(a)(6)(C)(i)

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Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

We take pride in our track record of helping foreign nationals and their US employers overcome difficult NOIRs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.

In a recent case, a client approached us worried that he might lose his H1B status. Six months after his H1B petition was approved, USCIS made a site visit to his work location. He was not at work during the visit and USCIS found several issues which lead them to believe that our client was not working as described in the petition. However, several months passed without anything happening and our client thought everything would be fine. However, six months after the site visit, USCIS decided to issue an NOIR to the employer and gave them just 30 days to respond to 7 different issues they had with the petition.

We understand that such notices can be deeply unsettling but they are not the end of the road. Our firm swiftly stepped into action, meticulously crafting a point-by-point response to the USCIS’s concerns. With more than 20 years of experience in immigration law, we challenged the NOIR by collecting substantial evidence, preparing comprehensive documentation, and building a robust defense arguing our client’s compliance with H1B requirements. Our focused and aggressive approach was designed to address not only the immediate revocation threat but also to solidify our client’s standing with USCIS going forward.

This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you or your employees have been served with a NOIR, time is of the essence. Don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.

Intent to Revoke Was Sent

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A Notice of Intent to Revoke, issued by USCIS, can occur in any type of immigration application or petition, both family based and employment based, that has previously been approved.

The Notice of Intent to Revoke or NOIR is a detailed statement, made by USCIS, of the grounds for the revocation and whether USCIS intends to revoke the petition in whole or in part (and if in part, which part(s)), and shall advise the petitioner of his or her right to review and/or rebut the allegations upon which the intended revocation is based within 30 days of the date of the notice. (“Revoked in part” means that the approval is revoked with regard to one or more, but not all, of the beneficiaries of a multiple beneficiary petition, or with regard to one or more, but not all, of the proposed employment sites or events listed in a multi-site/event petition.) The petitioner may submit evidence in rebuttal within 30 days of receipt of the notice. The director shall consider all relevant evidence presented in deciding whether to revoke the petition in whole or in part. If the petition is revoked in part, the remainder of the petition shall remain approved and a revised approval notice shall be sent to the petitioner with the revocation notice.

If the petitioner does not overcome the basis for the revocation, or fails to respond timely, prepare a decision of revocation. A petitioner may file an appeal on a decision to revoke a petition just as if the petition had been denied originally, except that the authorized period for filing the appeal is only 15 days regardless of the type of petition. A petitioner may also file a motion to reopen or reconsider the decision revoking the decision.

The issuance of an NOIR is bad news.  USCIS has already decided there is a good reason to revoke and the response made to the NOIR will be decisive in determining if you will lose or retain your approved petition.  If you receive an NOIR, you must act fast.  If you would like our assistance, you will need to send us a copy of the notice immediately upon receiving it so we have to to investigate and prepare a proper response.  Failure to act quickly will result in revocation.  For your reference, here are some samples of our approved petitions.  If you’d like our help, please feel free to call us at 305 515 0613 or email us at info@messersmithlaw.com