USCIS Has The Final Say When It Revokes Approval Of Visa Application
A US Appeals court recently held that the USCIS has the "unreviewable discretion" to revoke its earlier approval of a Form I-140 application.
In other words, it affirmed that the courts do not have the power to review such a course of action by the USCIS. In its order, the three-judge bench observed that they joined 9 other appellate courts, which had held the same.
The Appeals Court, in its order, by drawing reference to various court decisions, explained the entire process associated with obtaining an employment-based green card.
The Immigration and Nationality Act (INA) allows a certain number of "qualified" immigrants to receive PR through employer sponsorship. However, immigrant workers and their potential employers must follow a three-step process.
- First, a certification from the Department of Labour (DOL) is required.
- Once the DOL certifies the position, the USCIS must approve the employer's visa petition. Once this form is approved, it is valid indefinitely.
- After the application in Form I-140 is approved, an immigrant worker is eligible to stand in queue for a visa number issued by the Department of State. Immigrants from India face a huge backlog and have to wait for many years for a PR visa.
Finally, when the number becomes current, the immigrant worker can file a Form 1-485 to adjust his non-immigrant status to become a PR entitled to work and live in the US.
The Appeals Court observed that at any point in this process outlined above, a USCIS officer might revoke the approval of an I140 immigrant visa application "when the necessity for the revocation comes to its attention".