By: Elizabeth Goings
What Should Employers Know?
|How Did USCIS Determine This? |
USCIS recently adopted a recent AAO decision as a Policy Memorandum to help adjudicators determine when the beneficiary of an approved Form I-140 may be notified of possible revocation. In Matter of V-S-G Inc., the AAO held that beneficiaries who properly port under AC21 are “affected” parties who are entitled to receive and respond to USCIS I-140 revocation notices. In a situation where portability does not occur, these notices are typically issued directly to the employer by regulation. Beneficiaries are not notified and are prohibited from responding to USCIS. This is because the adjustment application depends on the continuing validity of the underlying I-140 immigrant petition which is under the employer’s control.
However, when the beneficiary has properly ported under AC21, Matter of V-S-G Inc. recognizes that a properly ported beneficiary may no longer be tied to the original I-140 employer. Nevertheless, the beneficiary may continue to have an interest in the originally approved I-140 petition—regardless if the original employer does not. In this narrow holding specific to AC21 beneficiaries, AAO recognized the purpose of the AC21 framework and considered the practicality and flexibility it provides.
What Will the Notices Look Like?
As a result of the USCIS adopted Matter of V-S-G Inc., in its Policy Memorandum, USCIS stated it may issue separate and different versions of NOIRs or NORs to a petitioner and beneficiary when necessary to protect personal and/or proprietary information. For more information regarding what may be contained in the notices, please refer to the USCIC Policy Memoranda below.