New Trend: O1 Visa refused AFTER USCIS Approval !!!

by

You have just learned that your work visa petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Now you are ready to attend your Consular visa interview bringing you one step closer to achieving your dream of working in the United States.

Unfortunately, receiving a USCIS approval notice does not guarantee the successful issuance of a visa by the U.S. Consulate. In fact, for some unlucky few that fail to pass their visa interview, the U.S. government can still revoke or cancel a petition that was previously approved by USCIS.

What can you do in this situation? Is this the end of the road? Learn everything you need to know about this important subject in this video.

Overview

Can the State Department revoke a work visa petition that was previously approved by USCIS?

Unfortunately, yes. After receiving an approval notice from USCIS, work visa applicants must still attend an in-person Consular interview to demonstrate their eligibility for the visa classification they are seeking. A Consular officer will question the applicant further to ensure they qualify for the visa and may request further evidence.

When a Consular visa interview goes south, not only can the visa application be denied, but the Consulate can also direct USCIS to revoke the underlying petition that was previously approved by the agency.

The petition revocation process begins when the State Department returns the application to USCIS along with the results of any investigation they have conducted.

Once USCIS has received the returned petition and the results of the investigation, they will issue a Notice of Intent to Revoke (NOIR) to the petitioner of the previously approved petition. The NOIR will include details about USCIS’ plans to revoke the underlying petition, as well as the discovery of new, derogatory information leading to the visa denial. A statement of facts underlying the revocation will be provided along with any evidence supporting the revocation.

Derogatory information usually refers to things that arose at or following the Consular visa interview. Because the Consulate itself cannot issue a NOIR, they must return the entire application to USCIS to commence the revocation process. It can take many months for the case to be transferred from the Consulate to USCIS, and for USCIS to issue the Notice of Intent to Revoke (NOIR).

When a NOIR is issued, the petitioner is typically given 30 days to respond before USCIS proceeds with the revocation of the petition.

It is also important to highlight that a NOIR can be issued for any type of visa petition including immigrant petitions and non-immigrant visa petitions.

What is the difference between a NOIR and a NOID?

The Notice of Intent to Revoke (NOIR) should not be confused with the Notice of Intent to Deny (NOID).

A Notice of Intent to Revoke (NOIR) can only be issued AFTER the petition has already been approved by USCIS, while a Notice of Intent to Deny (NOID) is issued BEFORE a final decision is made by USCIS.

Recent Trend Under Trump’s Leadership

Under President Trump’s leadership, there has been an uptick in USCIS petition revocations ordered by the State Department at U.S. Embassies and Consulates worldwide including the United Kingdom, Ireland, Spain, and the United Arab Emirates.

Who is Impacted

  • The recent trend has impacted O-1, H-1B, and L visa applicants
  • Such applicants have been aggressively questioned by Consular officers, who go through each required criterion of the underlying visa to ensure they have been met

How to Avoid a NOIR

The most important way to avoid a Notice of Intent to Revoke (NOIR) is to adequately prepare for your visa interview. Do not assume that the officer is familiar with your case. Work with an attorney who can counsel you regarding the appropriate documentation to take with you to your interview and guide you through the appropriate responses to their questions. Generally, you should take a copy of the case that was filed with USCIS and thoroughly annotate the reasons you qualify for the visa classification with supporting evidence.

You’ve worked hard to get to the final stage. Prepare ahead of time. Do not underestimate the importance of the interview. The Trump administration has created new hurdles that you must work to overcome.

Can the State Department revoke existing visas for those already in the United States?

Yes. The State Department also has the power to revoke existing visas (both immigrant and non-immigrant) to foreign nationals already in the United States, despite the fact that such visas have already being issued to visa holders. Some of the most common reasons this may occur include:

  • The discovery of potential fraud or misrepresentation in obtaining the visa in the first place
  • The discovery of new, derogatory information based on an investigation conducted by government officials or law enforcement
  • A violation of visa status for failing to comply with the terms and conditions of a visa

This has been occurring on an increasing basis to F-1 international students who have participated in student activism at college campuses nationwide pursuant to Executive Order 14188 “Additional Measures to Combat Anti-Semitism.” Others have had their visas revoked due to alleged criminal history, and violations of non-immigrant visa status.

Once these visas are revoked, Immigration and Customs Enforcement (ICE) officials can locate and detain such individuals.

Conclusion 

While this is a new reality for immigrants and non-immigrant visa holders, a visa revocation is not the end of the road. Work with an experienced attorney skilled in visa revocations to turn the tide on your case. For others who are still in the early stages of applying, thoroughly prepare for your visa interview to avoid a potential revocation.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there.