Revocation of Employment-Based Immigrant Petitions
HQ70/6.1.3
Richard D. Steel
Steel, Rudnick & Ruben
1608 Walnut Street
Suite 1500
Philadelphia, PA 19103
Dear Mr. Steel:
Thank you for your September 1st letter to Jacquelyn Bednarz regarding revocation of employment‑based immigrant petitions. Since the Office of Adjudications has oversight responsibility for this subject matter area, Ms. Bednarz has forwarded your correspondence to us for consideration and response.
In your letter you ask what, if any, obligation is imposed on the employer to notify the Immigration and Naturalization Service (the Service) of the termination of an employee on whose behalf the employer has petitioned. While Service regulations at section 205.1(a)(iii) outline the reasons for an automatic revocation of an employment‑based immigrant petition, there is no specific requirement that the employer notify the Service. However, many petitioners do notify the Service in instances of an automatic revocation in order to preserve the priority date since priority dates are transferable for subsequent petitions in cases not involving fraud.
Sincerely,
Thomas Simmons
Branch Chief
Business and Trade Services
September 1, 1999
Jacquelyn A. Bednarz
Assistant Commissioner for Adjudications
Immigration and Naturalization Service
425 "I" Street, N.W.
Washington, DC 20536
Dear Ms. Bednarz:
I would appreciate it if you could provide me with information concerning the position of the Immigration and Naturalization Service on the following:
If an applicant for adjustment of status based on an approved immigrant visa petition filed by an employer terminates employment prior to adjudication of the application for adjustment of status, what, if any, obligation is imposed on the employer to notify the Service of the termination of employment, whether it be by death, resignation or .termination? I am not aware that the regulations or operation instructions impose any such requirement, but if there is such a requirement, I would appreciate it if you could advise me of this at your earliest convenience.
I appreciate your attention to this at your earliest convenience.
Very truly yours,
STEEL, RUDNICK & RUBEN
Richard D. Steel
RDS:saj
bcc: John Brendel, Esq.