USCIS Notice of Intent to Revoke

USCIS wants to revoke an approved petition?

A Notice of Intent to Revoke means USCIS is questioning a petition it previously approved and is proposing to withdraw that approval. A NOIR response should identify the precise basis for proposed revocation, examine the information on which USCIS relies, and build a record demonstrating why the approval should remain in effect.

Send Us Your NOIR

NOIR Case Analysis

The case has already been approved. Now USCIS is challenging that approval.

Step 01Identify the revocation grounds

Step 02Identify the source of the new issue

Step 03Compare it to the approved record

Step 04Rebut adverse evidence

Step 05Defend the approval

The maximum USCIS response period for a Notice of Intent to Revoke is 30 days. Check the actual notice immediately.

Understanding Revocation

What is a Notice of Intent to Revoke?

A NOIR is issued when USCIS proposes to revoke the approval of a petition and the applicable law or regulations provide for revocation on notice. The notice identifies the grounds for proposed revocation and gives the petitioner an opportunity to respond before USCIS makes the revocation decision.

The posture is different from an RFE or NOID. USCIS previously approved the petition. The central question is now why the agency believes that approval should be withdrawn.

The response therefore should evaluate both the original approved record and the information that caused USCIS to reconsider the approval.

The Central Question

Why is USCIS revisiting an approval?

Understanding what triggered the NOIR can be as important as understanding the individual allegations in the notice.

Start with the source of the proposed revocation.

The issue may arise from information discovered after approval, a USCIS site visit, an investigation, a returned petition from a U.S. consulate, new documentary information, discrepancies between records, or another basis identified by USCIS.

The response should determine whether the new information actually undermines eligibility and whether USCIS's interpretation of that information is accurate.

Common Revocation Matters

What approved petition is USCIS challenging?

Revocation issues differ substantially depending on the petition, the applicable regulation, and the information that caused USCIS to reconsider the approval.

Temporary Employment

H-1B NOIR

Revocation issues involving specialty occupation employment, worksite facts, employer information, status, or compliance concerns.

H-1B NOIR Help →

Immigrant Worker Petition

I-140 NOIR

Revocation of an approved immigrant worker petition involving eligibility, employer evidence, qualifications, fraud concerns, or other grounds.

I-140 NOIR Help →

Extraordinary Ability

EB-1A NOIR

Challenges to an approved extraordinary ability petition involving evidence, eligibility, authenticity, or other information developed after approval.

EB-1A NOIR Help →

National Interest Waiver

NIW NOIR

Proposed revocation of an approved NIW petition based on eligibility, evidence, or information USCIS believes affects the prior approval.

NIW NOIR Help →

Intracompany Transfer

L-1 NOIR

Revocation issues involving the qualifying relationship, foreign employment, managerial or executive capacity, specialized knowledge, or business operations.

L-1 NOIR Help →

Extraordinary Ability

O-1 NOIR

Proposed revocation involving extraordinary ability eligibility, qualifying work, petitioner facts, evidence, or other post-approval information.

O-1 NOIR Help →

Family Immigration

I-130 NOIR

Revocation questions involving an approved family petition, relationship evidence, marriage issues, derogatory information, or returned petitions.

I-130 NOIR Help →

Compliance Investigation

Employer Site Visit NOIR

NOIRs arising after USCIS or FDNS site visits identify discrepancies concerning employment, worksites, duties, staffing, or business operations.

Site Visit NOIR Help →

Fraud & Verification

Fraud Investigation NOIR

Revocation matters involving document verification, interviews, investigative information, inconsistencies, or suspected fraud or misrepresentation.

Investigation NOIR Help →

Response Deadline

How long do you have to respond to a NOIR?

The deadline is stated in the Notice of Intent to Revoke. USCIS policy provides a maximum response period of 30 days for a NOIR.

That short period can be significant when the response requires corporate records, declarations, investigation of a site visit, independent evidence, government records, or explanation of information developed after the original approval.

USCIS Maximum 30 Days

The response period should be identified immediately when the NOIR is received.

A revocation response may require reconstruction of both the original approved record and the new evidence on which USCIS relies.

Use the deadline printed on the actual NOIR.

Defending the Approval

How a NOIR should be analyzed.

The response should address why USCIS believes the prior approval is no longer supportable and whether the agency's new information actually justifies revocation.

Identify Every Proposed Ground for Revocation

Separate the notice into discrete factual findings, documentary issues, legal conclusions, and investigative allegations.

Determine What Triggered the NOIR

Identify whether the case arose from a site visit, investigation, consular return, later filing, interview, document review, or another source.

Review the Original Approved Petition

Compare USCIS's new concerns to what was actually disclosed and documented when the petition was approved.

Test the Accuracy of the New Information

Determine whether USCIS relies on incomplete, misunderstood, inconsistent, or incorrectly attributed information.

Develop the Rebuttal Record

Use declarations, business records, employment records, documentary evidence, expert evidence, or independent corroboration to address the proposed grounds.

Preserve the Case for Further Review

A final revocation decision may carry administrative review rights depending on the petition and applicable procedures, making the NOIR response an important part of the record.

Investigate the Source

Where did USCIS's new information come from?

The context in which adverse information was obtained can matter when deciding how it should be answered.

USCIS site visit Review what the officer observed, whom the officer interviewed, and whether the observations accurately reflect the petition.

Fraud or verification investigation Identify the evidence underlying the investigative conclusion and whether additional context changes its significance.

Consular return An approved petition may be returned to USCIS after consular processing raises information that calls the approval into question.

Later immigration filing Statements or evidence submitted in a later case may cause USCIS to compare the later record to the approved petition.

Document or record verification USCIS may question authenticity, accuracy, business records, employment records, or other evidence supporting the approval.

Revocation Procedure

Important questions after receiving a NOIR.

Response Strategy How to Respond to a USCIS NOIR Deadline How Long Do You Have to Respond to a NOIR? USCIS Authority Can USCIS Revoke an Approved Petition? Comparison NOID vs. NOIR Consular Processing Petition Returned to USCIS by a U.S. Consulate After Revocation Appeals and Motions After USCIS Revokes a Petition

Common Response Problems

Mistakes that can weaken a NOIR response.

Ignoring the Original Approval Record

The response should establish what USCIS knew and what evidence supported the petition when it was originally approved.

Failing to Investigate the Trigger

A site visit, consular return, or investigation may require detailed factual reconstruction before the allegations can be answered.

Responding Only With Conclusions

Assertions that the approval was correct should be supported with evidence addressing the precise proposed revocation grounds.

Overlooking Inconsistencies

Differences between the approved petition and later records should be identified and explained rather than left unresolved.

Losing Time

The 30-day maximum response period can be difficult when significant factual investigation or corporate documentation is needed.

Failing to Protect the Review Record

The NOIR response may become central to any later challenge to a revocation decision.

NOIR Questions

Notice of Intent to Revoke FAQs

Common questions when USCIS proposes to revoke an approved petition.

Does a NOIR mean my petition has already been revoked?

No. A Notice of Intent to Revoke announces USCIS's proposed action and provides an opportunity to respond before the agency issues its final revocation decision.

How long do I have to answer a NOIR?

The deadline is stated in the notice. USCIS policy provides a maximum response period of 30 days for a Notice of Intent to Revoke.

Can USCIS reconsider a petition it already approved?

Yes. Applicable immigration statutes and regulations permit USCIS to revoke certain petition approvals under specified circumstances, including revocation on notice.

Can a site visit result in a NOIR?

Information developed during a site visit may cause USCIS to question whether the facts correspond to the approved petition. The significance of that information depends on the petition and the particular observations or discrepancies identified.

Can a U.S. consulate return an approved petition to USCIS?

Yes. In appropriate cases, a consular post may return a petition to USCIS with information questioning whether the approval remains valid. USCIS then determines what further action is appropriate.

Can a USCIS revocation be appealed?

Some revocation decisions carry administrative review rights. The available procedure depends on the type of petition, who has standing to seek review, and the instructions contained in the final decision.