The USCIS Notice of Intent to Revoke (NOIR) is a formal communication issued by the U.S. Citizenship and Immigration Services (USCIS) when there are concerns about the validity or eligibility of a previously approved immigration petition or application. Like the Notice of Intent to Deny (NOID), the NOIR gives the petitioner or applicant an opportunity to address the issues raised before a final decision is made.
Key points about NOIR include:
- Purpose: The NOIR serves as a notification (or warning) to the petitioner or applicant that USCIS is considering revoking an approved petition or application due to specific reasons, such as newly discovered information or ongoing non-compliance with immigration regulations.
- Contents: The NOIR typically outlines the reasons for the potential revocation and provides specific information about the issues that have come to light since the original approval.
- Response Period: Just like with the NOID, the recipient of a NOIR is generally given a certain period (often 30 days, but the timeframe can vary) to respond and provide evidence or clarification to address the concerns raised by USCIS.
- Evidence Submission: In the response to a NOIR, the petitioner or applicant should provide the required evidence, explanations, or corrections to demonstrate that the concerns raised by USCIS are unfounded or have been rectified.
- Impact on Current Status: If an approved petition or application is ultimately revoked, it can have consequences for the individual’s immigration status. For example, if an H-1B petition is revoked, the beneficiary’s H-1B status might be affected.
The issuance of a USCIS Notice of Intent to Revoke means that there are concerns about the validity or eligibility of a previously approved immigration petition or application. The recipient should take the NOIR seriously and ensure that they provide a well-documented and thorough response within the given timeframe.
Some of the most common reasons in NOIRs could be the following:
- Material Misrepresentation: The petitioner or beneficiary provided false information or misrepresented facts in the original petition or application.
- Fraud or Willful Misrepresentation: USCIS discovers evidence suggesting fraud or willful misrepresentation in connection with the approved petition or application (i.e., the certificate of divorce or birth certificate was fraudulent/counterfeit).
- Ineligibility on New Grounds: USCIS discovers that the beneficiary is now ineligible for the immigration benefit on new grounds that were not evident during the original approval.
- Change in Circumstances: Significant changes have occurred since the approval of the petition or application, affecting the beneficiary’s or petitioner’s eligibility for benefits.
- Non-Compliance with Conditions: The petitioner or beneficiary has failed to comply with the conditions or requirements associated with the approved petition or application.
- Revocation by a Related Agency: The approval of the petition or application relied on the decision of another agency, and that agency subsequently revokes their decision (i.e., a labor certification being revoked by the Department of Labor).
- Expiration of Supporting Documentation: Key documents that were submitted with the original petition, such as a labor certification or a job offer, have expired.
- Insufficient Evidence: USCIS determines that the evidence provided in the original petition or application does not sufficiently establish the beneficiary’s eligibility.
- Failure to Notify USCIS: The petitioner or beneficiary failed to notify USCIS of a material change in circumstances that affects the approval of the petition or application.
- Violation of Program Requirements: The beneficiary or petitioner has violated program requirements associated with the approved petition or application.
It is important to address the specific reasons for the NOIR in your response, providing any necessary documentation, evidence, or explanations to demonstrate that the concerns raised by USCIS are unfounded or have been rectified.
Responding to a NOIR can be complex, and it is advisable to seek assistance from an experienced immigration attorney who can guide you through the process, help you understand the issues, and prepare a comprehensive response.
If you or someone you know has received a NOIR and would like further guidance on how, or whether, to respond to the NOIR, please contact Guttikonda Law Firm, PLLC at (631) 414-7478 to schedule a consultation with one of our attorneys.