Petition Revocations: Potential Conflicts with Employers and Why Denied Visa Applicants Should Consult with their Own Lawyer

Posted on 

Did you go to your employment visa interview and the consular officer told you that the approval of your petition is being revoked?  This is not an uncommon story, as more and more H-1B, L-1, O-1, and P-1 petitions are being recommended for revocation every year by consular officers. In general, consular officers must defer to the judgment of USCIS and the grounds for revocation are limited.  To recommend revocation of the approval of a petition, the consular officer must have discovered material new facts or misrepresentation or find that the visa applicant does not have the qualifications for the visa.  But often times consular officers substitute their own opinion and readjudicate the petition. We are seeing this more frequently, particularly in the context of O visa adjudications, in which the consular officer sets a much higher bar for qualification than USCIS.   The stakes are particularly high for those applicants…

Read more