A foreign national may obtain permanent resident status (“green card”) through employment. In general, the journey to employment-based permanent residency begins with an employer filing the I-140 petition and obtaining labor certification from the U.S. Labor Department. For some foreign nationals, U.S. law authorizes national interest waivers, which means that the foreign national does not need an employer to file an I-140 petition on her or his behalf. Similarly, some foreign nationals may file an I-140 petition on her or his behalf for classification as an applicant with extraordinary ability.   

Applicants for employment-based adjustment of status (I-485 Form) apply for jobs and receive job offers before and after USCIS approves an I-140 petition. After USCIS approves an I-140 petition, can events cause an approved I-140 petition’s revocation? The answer is, “Yes.” An approved I-140 petition becomes revoked when the following events happen before a foreign national begins the journey to the United States or USCIS adjudicates the I-485 application: 

• the labor certification’s invalidation,
• the petitioner or beneficiary’s death,
• when an employer withdraws the petition “less than 180 days after” USCIS approved the I-140 petition unless an I-485 Form is pending review for 180 or more days. 
• the employer terminates its business less than 180 days after USCIS approves the I-140 petition, unless an I-485 Form is pending USCIS’s review for 180 days or more.

See 8 C.F.R. § 205.1(a)(3)(iii).

What Happens if an Employer Alerts USCIS that It Is Revoking the Approved I-140 Petition?

If an employer notifies USCIS that it intends to withdraw an I-140 petition 180 days or more after USCIS approved the petition or after the I-485 Form was filed, the I-140 approval remains valid unless USCIS revokes the approval for other legal reasons.

What Happens if an Employer Closes?

If an employer terminates its business 180 days or more after USCIS approves the I-140 petition or 180 days or more after a foreign national filed the I-485 Form, the petition remains approved unless USCIS revokes the approval for other legal reasons.

What Happens if an Employer Successfully Revokes an I-140 Petition?

If USCIS receives an employer’s notice to revoke an approved I-140 petition and revokes the approved petition, how will this impact a foreign national’s situation? First, when an employer revokes an approved petition, the employer clearly no longer intends to keep this foreign national as an employee. So, it is best to find a new job if not already working for a new employer. If a new employer wishes to hire the foreign national, then the new employer can file an I-140 petition.