Did you know that USCIS can revoke a previously approved petition? Historically, I have only ever seen that happen when USCIS found some evidence of fraud or misrepresentation. For example, Henry self-petitions for an EB-2 NIW with a fake diploma from a university that doesn't exist. USCIS finds out and revokes the I-140 approval. Henry gets banned from the US for committing immigration fraud. Makes sense. But last Friday, I received my first ever Notice of Intent to Revoke from USCIS for an EB-2 NIW where USCIS is not alleging any kind of wrongdoing. They simply sent the NOIR, stating that they had approved it in error and were now revoking it. They now have 33 days to convince USCIS (again) that they deserve the NIW. It's like an RFE but with a shorter time to respond. I had always instructed my clients that, once they got an NIW approved, they were set. That, as long as they did not join ISIS or open a marijuana dispensary in Denver, getting a green card would most likely be a question of WHEN not IF. Now, I am not so sure. In my opinion, the NOIR was issued for one of two reasons: 1. The I-140 was approved by a junior officer. A supervisor now reviewed their work months later and disagreed with the decision; or 2. Someone instructed people at USCIS to go through EB cases DOGE-style and start revoking approved I-140 to reduce approval rates. It won't really matter which one it is for this person. It is a nightmare either way. But for the sake of everyone else, though, I hope it is No. 1. I have heard alleged statements from USCIS managers saying things like "we should deny at least 80% of these cases," so it's possible someone took that as a new quota and got to work on making it a reality. I hope I am wrong. If you or anyone you know has received a NOIR for an EB-1A or EB-2 NIW petition, please make some noise so we know if this is a new trend from USCIS or just an isolated incident.
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