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.