One of the most anxiety causing issues for an employment-based immigrant stuck in the green card blackhole (otherwise known as backlog) is whether his or her employer will revoke an approved I-140. This is because the person’s stay in the US can be immediately affected and no further H1bs will be approved. Imagine an entire family that may have to be uprooted at a moment’s notice.
Well, the new proposed rules make a profound change. Any I-140 that has been Eb1, Eb2 or EB3 for 180 days or more will not be revoked unless for fraud or misrepresentation.
“The proposed rule would amend these regulations so that EB-1, EB-2, and EB-3 immigrant visa petitions that have been approved for 180 days or more would no longer have such approval automatically revoked based only on withdrawal by the petitioner or termination of the petitioner’s business”
This rule will greatly help employers as well as immigrant workers. Thank you to USCIS.
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