Acquiring H1-B visas poses a significant challenge. It involves a demanding process for graduates aspiring to work in the United States, from finding an employer willing to sponsor them to navigating the visa petition filing and selection procedure. Subsequently, they undergo an interview to secure visa approval.

Given the high stakes involved, facing H1-B visa revocation can be as daunting as encountering a visa refusal or denial. If your H1B visa has been unexpectedly withdrawn, you might be unsure about your next steps and how to maintain your stay in the US. Despite its apparent complexity, there are measures you can take to prevent H1-B visa revocation/withdrawal and still secure employment in the country. Below are some essential insights to help you navigate through the process without losing your footing completely.

The significance of H1-B visa withdrawal

H1-B visa revocation occurs when your employer chooses or is compelled to retract your H1-B petition. This can happen either before you receive your H1-B visa or while you are already in H1-B status. Typically, your employer may opt to withdraw from the immigration process before its completion and retract your petition, or they may close their business and thus have to withdraw.

Additionally, your petition may be withdrawn if you are terminated or laid off. Given that revocations can lead to significant consequences, such as being deemed out of status, comprehending the mechanics of H1-B visa revocation is crucial.

Who has the authority to revoke the H1-B?

An H1-B status cannot be revoked by an employer; only the immigration service (USCIS) has the authority to do so. The regulations outline specific circumstances under which an H1-B must be revoked. There are only two scenarios in which an H1-B visa can be automatically revoked:

1. The sponsoring employer ceases to exist.
2. The sponsoring employer submits a petition for withdrawal.

An employer can only request that USCIS withdraw the petition. Upon receiving a petition for withdrawal, USCIS will automatically revoke the petition. It’s important to note that an employer is obligated to inform the immigration service when an employment relationship terminates (e.g., when the employee resigns or is terminated by the employer).

What does a withdrawal notice entail?

An employer is required to inform USCIS via written notification of the termination of the employment relationship, regardless of whether it’s due to termination or resignation. This step is crucial because failure to notify USCIS of the withdrawal could result in continued application of wage entitlements under the Labor Condition Application (LCA). Merely informing the employee is insufficient.

To withdraw a petition, an employer can send a withdrawal letter to the agency that approved the petition. It’s important to note that once a petition is withdrawn and submitted to USCIS, it becomes invalid. If an employer re-employs the individual, a new H1-B petition must be filed, along with the necessary fees.

Therefore, careful consideration should precede the submission of the H1-B petition withdrawal letter. After USCIS receives it, confirmation may take several weeks or even months to be received.

The process of revoking an H1-B visa

When an employer opts to withdraw an H1-B visa petition, whether for valid reasons or due to downsizing intentions, it necessitates the submission of a withdrawal petition comprising various documents. Once USCIS receives these documents, the revocation process is initiated.

Typically, similar to other USCIS H1-B visa revocations, this procedure may span from several months to a couple of years. Therefore, if you anticipate the potential revocation of your visa, it might be advisable to commence exploring opportunities with alternative employers.

A summary of the grounds for H1-B visa Revocation

Despite common misconceptions, only the USCIS possesses the authority to revoke H1-B visas; no employer within the United States holds the capability to nullify visas for their foreign employees. USCIS will initiate an H1-B visa revocation under the following circumstances:

• If your employer faces bankruptcy and advises the revocation of your visa.
• Your visa could be revoked even before obtaining approval for an H1-B visa or during the application process.
• All employers are mandated to promptly inform immigration services upon terminating the employment of their foreign workers.

There exist additional grounds for an employer to terminate an ongoing H1-B procedure, which also serve as grounds for H1-B visa revocation. Should your employer terminate your employment, immigration services will revoke your H1-B visa petition.

Revoking H1-B visas due to site visits

The USCIS conducts regular site visits to H1-B employment locations, typically involving verification of driver’s licenses and identities. Additionally, USCIS may pose standard inquiries regarding work experience, education, and current employment status. Other queries may pertain to whether the beneficiary covered H1-B expenses.

If the officer deems these inquiries unsatisfactorily answered or identifies issues with the employer, they may initiate the process for H1-B visa revocation. If you have legally entered the country and are maintaining your status, there’s no need to fret over an H1-B visa site visit.

However, these site visits aim to uncover fraud and ensure adherence to H1-B visa requirements. For instance, if you were sponsored by one staffing agency but are currently employed by another, complications may arise during the H1-B site visit.

Given the unique circumstances of each case, consulting an immigration attorney is essential to grasp the potential consequences.

What does the Notice of Intention to Revoke (NOIR) entail?

The Notice of Intent to Revoke (NOIR) is a notification from USCIS indicating its intention to deny an H1-B visa petition. A NOIR may be issued for applicants whose H1-B visa petitions were previously approved. The primary cause for a USCIS NOIR is typically the invalidity of the H1-B job position.

How can one verify the revocation status of an H1-B visa?

To ascertain your status, visit the USCIS case status webpage and input your USCIS receipt number. Subsequently, select the ‘check status’ option.

Upon entering your receipt number, the subsequent page will exhibit both your case and visa statuses. Your employer must submit a written petition to withdraw the application. Once the petition is withdrawn, the revocation process virtually occurs instantaneously. USCIS will promptly commence processing your H1-B visa revocation.

The final rule

In the event of sudden job loss, individuals are granted a 60-day H1-B grace period. This grace period commences upon departure from the employment of the sponsoring employer and concludes on the final day of the visa validation period. Historically, termination of employment would have resulted in being deemed out of status, necessitating immediate departure from the country.

However, the DHS has observed that many foreign professionals may face challenges leaving the country swiftly following unexpected termination of employment. If your employer terminates your employment, you will have approximately two months to secure alternative sponsoring employment, initiate a status change, file an I-140 petition, or depart from the United States.

During this period, you will not be deemed out of status, a circumstance that could significantly impact your future endeavors to enter the United States.

Related Post：Understanding H-1B and OPT Cap-Gap Extensions

What actions are required of an employer following the revocation of an H1-B visa?

If employers terminate the employment relationship prior to the expiration date of the H1-B petition, they are obligated to cover the costs of return transportation. However, if employees terminate the employment relationship before the H1-B petition expires or if the employment relationship ends on the last day of the H1-B petition’s validity, employers are not obliged to cover return transportation expenses.

Typically, return transportation costs entail a one-way coach class airfare to the employee’s home country. Many employers opt to provide a 30-day window following the termination of the employment relationship for the employee to specify their preferred departure date, which falls within 60 days (or less) from the termination date.

This arrangement allows the employer to secure the most economical flight to the employee’s home country, scheduled around their preferred departure date. It’s important to emphasize that the return transportation cost must be utilized exclusively for return transportation purposes and not for any other intent.

What steps to take if your H1-B petition is withdrawn

Speedy action is paramount. Delaying your decision increases the likelihood of having to depart the country, even if only temporarily. In the event of sudden termination, securing a new job swiftly might enable you to obtain H1-B visa approval while remaining in the country.

It’s crucial to recognize that if you initiate a transfer after resigning from your current employer (i.e., you are out of status when applying), you cannot commence working for your new employer based solely on your H1-B visa transfer receipt notice.

Alternative Choices Accessible

Given that your employer no longer employs you, you may have the option to seek sponsorship from another employer or transition to a different visa category. This approach can mitigate the repercussions of an H1-B visa revocation.

If your spouse holds an L-visa or an H-visa, you can initially switch your status to an H-4 dependent status or an L-2 dependent status until securing new employment. With the guidance of an immigration attorney, this solution is relatively straightforward and cost-effective, affording you the time to evaluate your immigration status.

Transitioning to an L-2 status offers the advantage of eligibility to apply for employment authorization. Should you intend to return to your home country, applying for a B-visa or a tourist visa could be a viable option until concluding your affairs in the United States.

Does H1-B withdrawal equate to H1-B visa revocation?

When an employer declares its intention to withdraw H1-B petition, it essentially requests USCIS to revoke the H1-B visa. Subsequently, upon USCIS receiving the petition, the process of H1-B visa revocation commences. H1-B petition are withdrawn during the review stage, whereas H1-B visa revocations take place after petition approval.