Litwin & Smith, A Law Corporation
Case Status

USCIS To Notify Qualifying AC21 Beneficiaries of I-140 Approval Revocations

USCIS AC21 Policy Memo

Implements the AAO's adopted decision in Matter of V-S-G- Inc. This decision clarifies that beneficiaries of valid employment-based immigrant visa petitions who have properly ported under AC21 are "affected parties" under DHS regulations for purposes of revocation proceedings of their visa petitions and as such, beginning November 11, 2017, when USCIS sends a NOIR or NOR to the petitioner of an approved I-140 petition, USCIS is to send a NOIR or NOR to the beneficiary of that petition if: The beneficiary has filed a Form I-485 with USCIS that has been pending for 180 days or more, and the beneficiary is otherwise eligible to port and has properly requested to port. The guidance notes that other kinds of visa petition beneficiaries, and the subsequent employers of beneficiaries who have ported or sought to port, are not affected parties under DHS regulations and may not participate in visa revocation proceedings.

No Comments

Leave a comment
Comment Information

Santa Clara Office 5201 Great America Parkway, Suite 320 Santa Clara, CA 95054 Phone: 415-237-0347 Phone: 408-998-1159 Fax: 650-588-4302 Santa Clara Law Office Map

South San Francisco Office 1435 Huntington Ave, Suite 336 South San Francisco, CA 94080 Phone: 415-237-0347 Phone: 650-588-7100 Fax: 650-588-4302 South San Francisco Law Office Map

Google Plus