Can an Employer Revoke an I-140 After 180 Days? This question often arises among foreign workers navigating the complex U.S. immigration system. Understanding the rules around I-140 petitions and employer revocation rights is crucial for anyone on the path to permanent residency. In this article, we’ll break down what happens after 180 days, what protections exist, and how you can safeguard your immigration status.

What is an I-140 Petition?

Before diving into Can an Employer Revoke an I-140 After 180 Days?, let’s clarify what an I-140 petition actually is. The I-140, or Immigrant Petition for Alien Worker, is a form filed by an employer to sponsor a foreign worker for permanent residency (a green card) in the United States. It essentially confirms that the employer intends to hire the foreign worker permanently and that the worker meets the qualifications for the job.

This petition is a critical step in the employment-based green card process, and its approval is often a sign that the worker is on the path to lawful permanent residence.

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Employer’s Rights to Revoke an I-140 Before 180 Days

So, can an employer revoke an I-140 before 180 days? The answer is yes. Before the 180-day mark, the employer maintains full control over the petition. If for any reason the employer decides to withdraw the petition—maybe due to a change in business needs, the employee’s performance, or other reasons—they can do so without much restriction.

This means that if you’re still within that initial 180-day window, your I-140 approval is not fully secure, and the employer’s decision can directly impact your immigration status.

What Changes After 180 Days?

Now, here’s where things get interesting and where the question Can an Employer Revoke an I-140 After 180 Days? really matters. According to U.S. immigration law, once an I-140 petition has been approved and the employee’s adjustment of status application (Form I-485) has been pending for 180 days or more, the employer’s ability to revoke the I-140 is significantly limited.

Why 180 days? This period is a kind of “grace period” that protects employees from sudden employer withdrawal after they have invested considerable time and effort into the green card process.

After this 180-day period, the I-140 petition is considered “portability eligible,” meaning the employee can change jobs or employers without losing their place in the green card queue, provided the new job is in the same or similar occupational classification.

Legal Protections for Employees After 180 Days

So, can an employer revoke an I-140 after 180 days? The short answer is: it’s much harder, but not impossible. The law provides protections that prevent employers from arbitrarily revoking the petition once the employee’s I-485 has been pending for 180 days or more.

• Portability Rule: Under the American Competitiveness in the Twenty-First Century Act (AC21), employees can “port” their green card application to a new employer if the I-485 has been pending for at least 180 days.
• Employer Withdrawal Restrictions: While employers can still technically withdraw the I-140, USCIS generally will not revoke the petition if the employee has met the 180-day threshold and the job offer is still valid or the employee has changed jobs under AC21 rules.
• Good Faith Requirement: Employers must have a legitimate reason to revoke the petition, such as business closure or layoffs. Arbitrary revocations can be challenged.

In essence, the law aims to protect employees from losing their green card progress due to employer whims after a certain point.

Exceptions and Special Cases

Of course, immigration law is rarely black and white. There are exceptions and special cases where an I-140 might still be revoked after 180 days:

• Fraud or Misrepresentation: If the petition was approved based on fraudulent information, USCIS can revoke it at any time.
• Employer Goes Out of Business: If the sponsoring employer shuts down or no longer exists, the petition may be revoked.
• Job No Longer Available: If the job offer is withdrawn and the employee has not ported to a similar position, revocation is possible.

These exceptions highlight the importance of maintaining a valid job offer and ensuring all information submitted to USCIS is truthful and accurate.

What Should You Do if Your I-140 is Revoked?

If you find yourself asking, Can an Employer Revoke an I-140 After 180 Days? and the answer is unfortunately yes in your case, don’t panic. Here are some steps you can take:

1. Consult an Immigration Attorney: Early legal advice can help you understand your options and possibly challenge the revocation.
2. Check Your Portability Options: If your I-485 has been pending for 180 days or more, you might be eligible to port your green card application to a new employer.
3. Gather Documentation: Collect all correspondence, approvals, and evidence of your job offer and employment history.
4. Consider Alternative Immigration Paths: Depending on your situation, other visa categories or petitions might be available.

Remember, the immigration process can be complex, but you don’t have to navigate it alone.

Conclusion

Understanding whether Can an Employer Revoke an I-140 After 180 Days? is a question that can cause a lot of anxiety for foreign workers. The good news is that the law offers protections to prevent sudden revocations after a significant period, but the process is not foolproof. If you’re navigating this complex terrain, don’t wait until it’s too late—seek early legal assistance to protect your rights and your future. Remember, your green card journey is important, and with the right guidance, you can keep moving forward confidently.