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I-140 Notice of Intent to Revoke

Approved Employment Immigrant Petition — Proposed Revocation

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.

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I-140 NOIR Analysis

Why does USCIS believe its prior approval should no longer stand?

Classification EB-1, EB-2, NIW or EB-3?
Eligibility Requirement at filing satisfied?
Employer Job offer and ability to pay?
Evidence What new concern arose?
Portability Withdrawal or 204(j) issue?
An approval is important, but it does not make an I-140 immune from later revocation proceedings. USCIS must nevertheless follow the revocation-on-notice framework when §205.2 applies.
Revocation of an Approved Petition

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.

Good and Sufficient Cause

USCIS must have a basis for initiating revocation proceedings.

Immigrant petition revocation is governed by the “good and sufficient cause” framework under INA §205.

01 / THE NOIR

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.

02 / THE EVIDENCE

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.

03 / THE RESPONSE

Rebut the Proposed Ground

The petitioner has an opportunity to submit evidence supporting the approved petition and opposing the grounds USCIS alleges justify revocation.

I-140 Categories

The revocation issue depends on the immigrant classification that was approved.

EB-1A

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.

EB-1B

Outstanding Professor or Researcher

USCIS may question international recognition, evidentiary criteria, qualifying experience, the permanent position, or the petitioning employer.

EB-1C

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.

EB-2 NIW

National Interest Waiver

USCIS may revisit underlying EB-2 eligibility or one or more national interest waiver requirements based on information discovered after approval.

EB-2 / EB-3 PERM

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.

Other Employment Petition

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.

Common I-140 NOIR Issues

What does USCIS say undermines the prior approval?

01
Beneficiary did not qualify at the required time USCIS may conclude that the beneficiary lacked required education, experience, extraordinary ability evidence, managerial experience, or another classification-specific qualification.
02
Ability to pay the proffered wage Employer-sponsored I-140 cases may involve tax records, net income, net current assets, actual wages, multiple sponsored workers, or other facts bearing on ability to pay.
03
Permanent labor certification issue USCIS may question the certified job requirements, beneficiary's qualifications for those requirements, validity of the labor certification, or other PERM-related evidence.
04
Fraud or material misrepresentation Employment letters, educational records, corporate evidence, work experience, business records, job offers, labor certification facts, or other petition evidence may be alleged to be false or misleading.
05
Petitioning entity or successor issue Corporate restructuring, mergers, acquisitions, ownership changes, or business termination may create questions about the petitioner's continuing relationship to the approved petition.
06
USCIS believes the petition was approved in error A NOIR may arise when USCIS later determines that evidence available or newly discovered would have warranted denial under the applicable classification requirements.
Ability to Pay

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.

PERM-Based I-140

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.

Fraud or Misrepresentation

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.

Withdrawal, Business Termination & Portability

The 180-day rules can materially change the effect of later employer events.

01
Withdrawal before 180 days An employment-based petition can be automatically revoked when the petitioner withdraws it less than 180 days after approval, unless the associated adjustment application has already been pending for at least 180 days.
02
Withdrawal after the protected period If the petition is withdrawn 180 days or more after approval, or after the associated adjustment application has been pending for at least 180 days, the petition generally remains approved unless USCIS revokes it on another ground.
03
Employer business termination Current regulations provide comparable protection against automatic revocation in specified employer-sponsored categories when the petitioner's business terminates after the applicable 180-day period.
04
The original job offer may still be gone A petition remaining approved does not necessarily mean the original employer's job offer continues. The beneficiary may need a new employment basis unless eligible for INA §204(j) adjustment portability.
05
Portability does not immunize a petition from revocation USCIS may still pursue revocation on another legally sufficient ground, such as a defect in the petition's underlying eligibility.
NOIR Response Strategy

Six principles for responding to an I-140 NOIR.

01

Identify Why USCIS Reopened the Approval

Determine the facts and evidence USCIS says create good and sufficient cause for revocation.

02

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.

03

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.

04

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.

05

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.

06

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.

Response Deadline

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.

If USCIS Revokes the I-140

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 Questions

I-140 NOIR FAQs

Common questions after USCIS announces that it intends to revoke an approved employment immigrant petition.

Can USCIS revoke an I-140 after approving it?
Yes. Immigration law permits USCIS to revoke an approved immigrant petition for good and sufficient cause. When revocation on notice applies, USCIS must provide notice and an opportunity to submit evidence in support of the petition and against the proposed revocation.
What is “good and sufficient cause” for an I-140 NOIR?
The revocation framework examines whether the evidence relied upon by USCIS, if unexplained and unrebutted, would warrant denial of the petition. The NOIR should identify the factual and evidentiary basis for the proposed action.
Does an employer's withdrawal always revoke an approved I-140?
No. Current regulations distinguish withdrawals occurring before and after the applicable 180-day period. A petition withdrawn after the protected period generally remains approved unless USCIS revokes it on another ground, although the original job offer may no longer exist.
Can USCIS revoke an I-140 for ability to pay?
Ability to pay can be an essential requirement in I-140 cases requiring an employment offer. A NOIR may arise if USCIS later concludes that the petitioner failed to establish the required ability to pay during the relevant period.
Does AC21 portability prevent USCIS from revoking the I-140?
No. INA §204(j) portability can preserve the employment-based adjustment process when its requirements are satisfied, but it does not prevent USCIS from revoking an I-140 on another legally sufficient ground relating to the petition's underlying validity.
How long do I have to appeal an I-140 revocation?
Current USCIS Form I-290B procedures generally require an appeal from a revocation decision within 15 calendar days after service, or 18 calendar days if USCIS mailed the decision. Always follow the deadline stated in the final revocation notice.