H-1B Visa Revoked at CBP for Alleged OPT Violation – What Should I Do Now?
If your H-1B visa was revoked by CBP under 22 CFR § 41.122(h)(3), especially at a pre-clearance location abroad, you may feel like your US career is over before it starts. This regulation allows CBP officers to cancel or revoke a visa on the spot if they believe you’re inadmissible, even if you’ve previously held valid status. Fortunately, these decisions can often be challenged and reversed, especially when based on inaccurate or misunderstood facts.
Why This Happens And Why You’re Not Alone
Our client, a highly skilled professional, was traveling through a US pre-clearance facility in Abu Dhabi when CBP officers revoked his newly approved H-1B visa, citing concerns over a past alleged violation of OPT regulations. CBP claimed he had engaged in unauthorized employment due to his time as an unpaid intern at a US tech company. Despite the internship being lawful and connected to his academic program, CBP treated the case as misrepresentation, triggering an immediate visa cancellation and threat of long term inadmissibility.
Cases like this are becoming more common as immigration authorities apply increased scrutiny to past student visa activity, particularly surrounding unpaid work, internships, and compliance with OPT requirements. Many visa holders are caught off guard, not realizing that a misunderstanding from years ago can derail their future immigration plans.
How We Helped Fix His Visa Revocation and Save His Career
After the visa was revoked, the client contacted our firm. We conducted a detailed legal and factual review of his prior OPT employment, collecting records that proved the internship was compliant, unpaid, and properly reported. We then prepared a legal brief challenging the misrepresentation finding.
Working directly with CBP and the embassy, we succeeded in getting CBP to reverse its initial finding. Once the record was corrected, we guided the client through the visa re-issuance process, and he successfully obtained his H-1B visa. He has since returned to the U.S. and resumed employment with the same company.
Visa Revoked at the Airport or Pre-Clearance? Let Us Help
If your visa has been canceled or revoked under 22 CFR § 41.122(h)(3), especially over OPT or F-1 history, you may still have legal options. With fast, strategic legal action, we can often correct the record and restore your visa eligibility.
Call our office today at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We’ve helped clients overcome CBP revocations and get back on track and we can help you do the same.