NOIR

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