USCIS intends to revoke your I-140?
An I-140 Notice of Intent to Revoke means USCIS is reconsidering an employment-based immigrant petition it previously approved. The proposed revocation may involve the beneficiary's qualifications, the immigrant classification, ability to pay, permanent labor certification, petitioning employer, job offer, fraud or misrepresentation concerns, or other evidence USCIS believes undermines the original approval.
Send Us Your I-140 NOIRWhy does USCIS believe its prior approval should no longer stand?
The question is no longer whether USCIS should initially approve the petition.
An I-140 NOIR begins after USCIS has already approved the immigrant petition. USCIS has later identified information that it believes may justify withdrawing that approval through revocation proceedings.
Under the revocation-on-notice regulation, USCIS must provide notice of the proposed grounds and an opportunity to submit evidence supporting the petition and opposing revocation.
The response should therefore examine not only the underlying I-140 eligibility requirement but also whether the facts cited in the NOIR provide a legally and factually sufficient basis for reopening the approval through revocation.
USCIS must have a basis for initiating revocation proceedings.
Immigrant petition revocation is governed by the “good and sufficient cause” framework under INA §205.
Specific Proposed Grounds
The notice should identify the factual basis for the proposed revocation so the petitioner has a meaningful opportunity to explain, rebut, or correct the alleged deficiency.
Would the Unrebutted Record Warrant Denial?
The good-cause inquiry considers whether the evidence relied upon by USCIS, if unexplained and unrebutted, would warrant denial of the petition under the applicable eligibility standard.
Rebut the Proposed Ground
The petitioner has an opportunity to submit evidence supporting the approved petition and opposing the grounds USCIS alleges justify revocation.
The revocation issue depends on the immigrant classification that was approved.
Extraordinary Ability
A NOIR may revisit the extraordinary ability criteria, final merits, sustained acclaim, continued work in the area of expertise, or evidence USCIS believes was inaccurate or insufficient.
Outstanding Professor or Researcher
USCIS may question international recognition, evidentiary criteria, qualifying experience, the permanent position, or the petitioning employer.
Multinational Manager or Executive
The NOIR may involve the qualifying corporate relationship, foreign employment, managerial or executive duties, U.S. operations, or the petitioner's organizational structure.
National Interest Waiver
USCIS may revisit underlying EB-2 eligibility or one or more national interest waiver requirements based on information discovered after approval.
Labor Certification Cases
USCIS may question the labor certification, beneficiary's qualifications, job offer, petitioner's ability to pay, successor issues, or other requirements tied to the certified position.
Category-Specific Eligibility
Every revocation response should begin with the actual classification approved and the precise statutory and regulatory requirements USCIS now claims were not satisfied.
What does USCIS say undermines the prior approval?
Employer-sponsored cases may be reopened over the proffered wage.
Ability to pay is a continuing I-140 requirement in cases requiring an employment offer.
The applicable regulation generally requires a prospective U.S. employer to establish ability to pay the proffered wage beginning when the priority date is established and continuing until the beneficiary obtains lawful permanent residence, subject to special rules that can apply in portability situations.
A NOIR may compare the proffered wage with federal tax returns, audited financial statements, annual reports, wages actually paid, and evidence concerning other sponsored workers.
The response should review the complete financial chronology rather than treating one tax year or one accounting number in isolation.
The labor certification and I-140 must describe the same qualifying job and worker.
USCIS may examine the labor certification during I-140 revocation proceedings.
In a labor certification case, the certified minimum requirements, beneficiary's education and experience, offered position, employer, and priority date can be central to continued I-140 eligibility.
The response should compare the exact job requirements on the labor certification with the beneficiary's qualifying education and experience as of the legally relevant date.
If USCIS questions an experience letter, degree, employer relationship, job requirement, or other fact incorporated into the I-140 record, obtain the underlying documents and address the allegation directly.
A fraud allegation should not be treated as an ordinary evidentiary deficiency.
Identify exactly what USCIS alleges was false.
A NOIR may question work experience letters, educational credentials, company operations, job duties, financial records, labor certification representations, ownership, signatures, business relationships, or other evidence submitted with the petition.
The response should distinguish an inaccurate fact, an evidentiary deficiency, a misunderstanding, and an actual intentional or material misrepresentation rather than allowing those concepts to merge.
Where USCIS relies on investigative information, prior interviews, government records, site visits, or other derogatory evidence, determine whether the NOIR accurately describes that information and whether additional disclosure or clarification is necessary to respond meaningfully.
The 180-day rules can materially change the effect of later employer events.
Six principles for responding to an I-140 NOIR.
Identify Why USCIS Reopened the Approval
Determine the facts and evidence USCIS says create good and sufficient cause for revocation.
Review Eligibility at the Correct Time
Many I-140 requirements must have been established at filing or the priority date. Later evidence should clarify eligibility rather than improperly create it retroactively.
Compare the NOIR With the Original Record
Determine whether USCIS has overlooked evidence, misstated a document, used an incorrect date, or misunderstood the approved petition.
Rebut Each Ground Separately
Ability to pay, beneficiary qualifications, PERM requirements, fraud, classification eligibility, and corporate issues should not be merged into one general argument.
Analyze Withdrawal and Portability
If the original employer withdrew the petition, terminated operations, or the beneficiary changed jobs, determine whether the 180-day and INA §204(j) rules affect continued petition validity.
Preserve the Record for Appeal
A final revocation decision has a short appeal deadline, so legal arguments, corrections, and supporting evidence should be developed fully at the NOIR stage.
The general maximum USCIS NOIR response period is 30 days.
Use the deadline stated on the actual Notice of Intent to Revoke.
An I-140 response may require tax returns, corporate records, employment verification, educational records, prior immigration filings, PERM documents, expert evidence, government records, declarations, or other third-party documentation.
The response should also examine whether the NOIR provides enough specific information about the proposed revocation to permit a meaningful rebuttal.
Do not assume USCIS will issue another request before making the final revocation decision.
Revocation appeal deadlines are unusually short.
A final revocation-on-notice decision can generally be appealed using Form I-290B.
Current USCIS instructions generally require an appeal of a revocation decision within 15 calendar days after service, or within 18 calendar days when USCIS mailed the decision.
The proper appellant normally depends on who has legal standing in the petition proceeding. Employer-filed and self-petitioned I-140 cases can therefore present different issues.
In qualifying INA §204(j) portability cases, USCIS guidance also recognizes certain beneficiaries as affected parties in revocation proceedings. The final decision should therefore be reviewed carefully for standing, notice, appeal rights, and impact on any pending I-485.
I-140 NOIR FAQs
Common questions after USCIS announces that it intends to revoke an approved employment immigrant petition.