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 person will apply for a visa or immigration officer at a port of entry where the person 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 A petition that has been revoked on notice may be appealed to the Administrative Appeals Office.[7] A petition that is automatically revoked may not be appealed.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.

Current as of July 26, 2021