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.
