Visa Cancellation

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.

Visa Cancelled or Revoked Under 22 CFR 41.122

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Visa Cancelled or Revoked Under 22 CFR 41.122

Did an immigration officer recently cancel your visa and write 22 CFR 41.122 on it? 22 CFR 41.122 gives immigration officers authority to revoke or cancel visas which they normally use in two different situations.  If a consular official believes that a visa was issued incorrectly or the visa holder violated the terms of their visa, they can revoke a visa pursuant to 22 CFR 41.122(a).  Consular officials can take this action at any time after issuing a visa.  Most commonly they will notify a visa holder by email of their intentions to revoke or they will physically meet a visa holder at the airport.  In the situation where a visa holder is applying for entry to the US at the airport, CBP can refuse entry and cancel the visa on the spot pursuant to 22 CFR 41.122(e) and instruct the applicant to return to their home country.

Why Was My Visa Cancelled?

There are many reasons why your visa was cancelled.  The most common reasons are document fraud, problems with the police, violations of status, and issues related to another failed or denied application.  The immigration officer should inform you of their reasons and give you an opportunity to defend yourself prior to revocation.  Following revocation, you should be provided with documentation which gives  you the reason behind their decision.  Ordinarily, cancellation comes with some other penalty and this will be listed on your paperwork.

How Do I Appeal a Revoked Visa?

As with any negative decision, an appeal or request for reconsideration must be pursued through the agency that issued the decision.  You should act to appeal any visa cancellation or revocation as quickly as possible.  Your chances of securing a reversal are higher the sooner you act.  The Messersmith Law Firm has helped people contest visa revocations and overcome serious immigration charges for nearly 20 years.   In most circumstances visa cancellations come with other problems like document fraud (INA 212(a)(6)(C)(i)), smuggling (INA 212(a)(6)(E)), or removal from the US (INA 212(a)(9)(A)).  If you have a similar case or would like to avoid this potential problem, contact our office through our website or give us a call at 305 515 0613. We look forward to helping you win your case like we have for thousands of other clients.