I-140 approval upheld
Notice of Intent to Revoke (NOIR)
Re-examined Years After Approval
Background
Dr. C is a STEM researcher. Several years ago he filed an EB-1A (extraordinary ability) I-140, which was approved. Born in mainland China, he faces an EB-1 backlog, so he has been working at a U.S. research institution while waiting for his priority date to become current before applying for the green card.
Challenges
- USCIS went back to verify the original filing and contacted the U.S. professor who had signed the letter of intent to collaborate. The professor said that after so many years there was no longer any intent to collaborate. Dr. C then received a Notice of Intent to Revoke, with only 30 days to respond.
- The original petition did not include a plan for continuing his work in the U.S. The letter of intent was essentially the only evidence that he would "continue work in his area of expertise in the United States," so once it was discredited, that requirement was left empty.
Strategy
- We started with the legal standard. To revoke an approved petition, USCIS must show good and sufficient cause. EB-1A requires showing the applicant will continue work in the field in the U.S., and the regulations accept employer letters, contracts or the applicant's own statement of plans. Nothing requires one particular collaborator's intent to still exist years later, and a collaboration that later stalled does not show the original petition misrepresented anything.
- We supplied the work plan that was missing from the original filing, along with his research projects and publications from his years in the U.S. and proof of current employment at his institution. He had stayed in the same field the whole time; only his collaborators had changed.
- We contacted the original professor and asked for a statement that the intent to collaborate was genuine when the letter was signed and that the work did not move forward later because of changes in research direction and funding.
Case Timeline
| Date | Milestone |
|---|---|
| One week after the notice | Came to us |
| About three weeks after we took the case | Response filed |
| About three months after the response | USCIS kept the I-140 approved |
Closing Note
The I-140 was saved, and so was the priority date. Dr. C is still doing research in the U.S. while he waits for his date to become current.
Outcome
About three months after the NOIR response, USCIS kept the I-140 approved and the priority date was preserved.