Immigration

Employment Based Immigration

Revocation of a Petition Based on Any of the Employment-Based Preferences

While there are always exceptions, the following events will result in a revocation of a Petition for an Employment Based Immigrant Visa:

  • Employer or immigrant dies;
  • Employer goes out of business;
  • Employer withdraws the Petition;
  • Fraud is discovered in either the Application to the INS or the Labor Department;
  • Acquisition of the business by another entity unless the entity purchases all liabilities and assets; or
  • Immigrant is no longer interested in the Petition.

Exception Categories - Interestingly, there are certain categories in which the INS might approve an employment Visa request where there is a "crowded field of employees." These special categories are known by the applicable number/letter designations - H-1B or TN status

Employment Based Immigration
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