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Chapter 6 - Post-Adjudication Actions

A. Substitution of Beneficiaries

A petitioner may request a substitution for one or more members of a group on an approved petition by sending a letter requesting substitution and a copy of the  petitioner’s approval notice to a consular officer where the alien will apply for a visa or immigration officer at a port of entry where the alien will apply for admission.[1] A petitioner may not request substitutions for support personnel; rather, the petitioner must submit a new petition.[2]

If a group is already in the United States performing with approved P-1 classification and the group now needs to add or substitute members, the additions or substitutes should be petitioned for as P-1s.  In such instances, the petitioner must provide evidence of the original approval and the required consultation. In situations involving illness or exigent circumstances, USCIS may waive the 1 year relationship requirements.[3]

B. Revocations

The petitioner should immediately notify USCIS of any changes in the terms and conditions of employment of the beneficiary that may affect eligibility. USCIS may revoke a petition at any time, even after the validity of the petition has expired.

1. Automatic Revocation

The approval of an unexpired petition is automatically revoked if the petitioner, or the employer in a petition filed by an agent, goes out of business, files a written withdrawal of the petition, or notifies USCIS that the beneficiary is no longer employed by the petitioner.[4]

2. Revocation on Notice

When there is no provision that would result in automatic revocation, USCIS may issue a Notice of Intent to Revoke (NOIR) the approval of the petition, such as in cases where:

  • The beneficiary is no longer employed by the petitioner in the capacity specified in the petition;

  • The statement of facts contained in the petition was not true and correct;

  • The petitioner violated the terms or conditions of the approved petition;

  • The petitioner violated the statutory or regulatory provisions for P nonimmigrant classification; or

  • The approval of the petition violated the regulations or involved gross error.[5]

The NOIR should contain a detailed description of the grounds for the revocation and the time period allowed for the petitioner’s rebuttal.[6] USCIS considers all relevant evidence presented in determining whether to revoke the petition. A petition that has been revoked on notice may be appealed to the Administrative Appeals Office.[7] A petition that is automatically revoked may not be appealed.

Footnotes


[^ 1] See 8 CFR 214.2(p)(2)(iv)(H).

[^ 2] See 8 CFR 214.2(p)(2)(iv)(H).

[^ 3] See 8 CFR 214.2(p)(4)(iii)(c)(3).

[^ 4] See 8 CFR 214.2(p)(10)(ii).

[^ 5] See 8 CFR 214.2(p)(10)(iii)(A).

[^ 6] See 8 CFR 214.2(p)(10)(iii)(B).

[^ 7] See 8 CFR 103.3.

Resources

Legal Authorities

8 CFR 103.3(a)(2) - AAO appeals

8 CFR 214.1(c)(5) - Decision in Form I-129 or I-539 extension proceedings

8 CFR 214.2(p) - Artists, athletes, and entertainers

INA 101(a)(15)(P) - Extraordinary ability in arts or athletics as part of a group

INA 204(i) - Definition of Professional Athlete

INA 214(a)(2)(B) - Admission (Stay)

INA 214(c) - Admission of nonimmigrants

INA 214(c)(1) - Importing Employer

INA 214(c)(4) - Petition of Importing Employer

INA 214(c)(5)(B) - Return Transportation

INA 214(c)(6) - Consultation Requirement

Pub. L. 109-463 (PDF) - COMPETE Act of 2006

Appendices

No appendices available at this time.

Updates

Technical Update - Incorporating Existing Guidance into the Policy Manual

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapter 33 of the AFM, related appendices, and policy memoranda.

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see our litigation summary.

Read More
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF) between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].