New Rule for Upcoming Year Prevents Automatic Revocation of I-140 Petitions

Effective January 17, 2017, employers will no longer be able to revoke I-140 petitions from employees who have held them for more than 180 days, even if their services have been terminated. This means that as long as the employees Form I-140 petition (employment-based immigration visa application), has been approved for at least 180 days, the petition may remain valid even if the business opportunity is withdrawn by the employer, preventing the loss of the employees turn in the protracted green card process while they transition between jobs.

This new development to I-140 petitions is among several improvements made to many of employment based visa program announced by the Department of Homeland Security on November 18, 2016. The new rules focus heavily on helping U.S. employers hire and retain workers who have been approved for the employment-based visa but are awaiting residency, while also benefitting such employees by providing them with job flexibility and career advancement opportunities.