\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 30 Nonimmigrants in General. \ 30.10 Termination of Approval (Revocation of Approval of Petition).
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30.10 Termination of Approval (Revocation of Approval of Petition).
There are two different procedures under which the approval of an H, L, O, P, or Q nonimmigrant petition may be revoked by
: automatic revocation and revocation upon notice. In addition, a decision to approve or deny a petition may be reopened or reconsidered under the provisions of
8 CFR 103.5
A petition is automatically revoked if the petitioner goes out of business or files a written withdrawal of the petition. Place a copy of the evidence on which the automatic revocation is based in the relating file(s) and the annotate the petition to show that it has been revoked. An automatic revocation does not require notice to the petitioner or the beneficiary and may not be appealed.
Revocation Upon Notice
If automatic revocation is not appropriate, the approval of a nonimmigrant petition may be revoked under certain circumstances and upon appropriate notification to the petitioner (who then has an opportunity to rebut the alleged reasons for revocation). A notice of intent to revoke will be sent if any of the following occurs:
The beneficiary is no longer employed by the petitioner in the capacity specified in the petition, or if the beneficiary is no longer receiving training as specified in the petition;
The statement of facts contained in the petition was not true and correct;
The petitioner violated terms and conditions of the approved petition;
The petitioner violated the requirements of section 101(a)(15)(H), (L), (O), (P) or (Q) of the Act or of 8 CFR 214.2 (h), 214.2(l), 214.2(o), 214.2(p), or 214.2(q), as appropriate; or
The approval of the petition violated the provisions of 8 CFR 214.2 (h), 214.2(l), 214.2(o), 214.2(p), or 214.2(q), as appropriate, or involved gross error.
The notice of intent to revoke shall contain a detailed statement of the grounds for the revocation, shall state whether
intends to revoke the petition in whole or in part (and if in part, which part(s)), and shall advise the petitioner of his or her right to review and/or rebut the allegations upon which the intended revocation is based within 30 days of the date of the notice. (“Revoked in part” means that the approval is revoked with regard to one or more, but not all, of the beneficiaries of a multiple beneficiary petition, or with regard to one or more, but not all, of the proposed employment sites or events listed in a
multi-site/event petition.) The petitioner may submit evidence in rebuttal within 30 days of receipt of the notice. The director shall consider all relevant evidence presented in deciding whether to revoke the petition in whole or in part. If the petition is revoked in part, the remainder of the petition shall remain approved and a revised approval notice shall be sent to the petitioner with the revocation notice. A decision to revoke a petition, in whole or in part, may be appealed to the Office of Admin
There is a similar provision for automatic termination of a fiancé(e) petition if the petitioner dies or withdraws the petition prior to the beneficiary's arrival in the United States.
Adjustment of Status to Nonimmigrant. [reserved].