What is a NOIR?
The United States Citizenship and Immigration Services (USCIS) handles all decisions regarding foreign visas. In addition to approving petitions, this branch also sends out RFEs (Requests for Evidence) and NOID (Notice of Intent to Deny). These two decisions are still arguable. As long as you submit the missing documentation or prove your case, you may still achieve a favorable decision.
But a NOIR (Notice of Intent to Revoke) rarely goes in the petitioner’s favor. When you receive this notice, it means that something in your situation has alerted USCIS that you no longer meet the terms and conditions of the H-1B visa, and your case is under scrutiny. Because it’s a serious situation, the officers handling this concern will take their time to investigate the allegations before assigning a permanent decision. Once you’ve received the NOIR, it’s wise to hire a skilled immigration attorney to help defend yourself against any allegations.
Why Most NOIRs Are Issues
Although a NOIR is a scary action to consider, these are not issued frequently. USCIS can rescind petitions for specific reasons that involve illegal actions, and chances are high that you know when you’re performing activities that could result in a revoked visa. Here are some of the most common reasons for a Notice of Intent to Revoke to occur:
● Misrepresentation or fraud: When you complete your visa paperwork, the answers should be clear and honest. But some petitioners lie on certain questions in the hopes that the “right” answer will grant them a better chance of approval. If a USCIS officer thinks that your response isn’t truthful, they will investigate further and revoke the petition if they believe you lied.
● Sponsorship inability: During the investigation of your petition, the officer could uncover information that makes you ineligible for sponsorship. This could be something like a history of serious illegal behavior or a previous marriage that was never officially divorced.
● Investigative concerns: Under the terms of your H-1B, a consulate may visit you and your neighbor’s at any time during your active visa. If anything uncovered there causes them to question the legitimacy of your situation, such as evidence of a sham relationship, they may decide to revoke your visa.
● Ineligibility for visa terms: There are many benefits to a visa that could tempt people to engage in fraudulent activities to receive those advantages. If you’ve done anything like this, such as entering into a marriage to receive a visa, this will make you ineligible for your new visa.
● Officer’s mistake or misconduct: Should the officer interviewing you for your petition misunderstand your response or go to the wrong house for an investigation, leading to a favorable petition, your visa could be revoked. This isn’t your fault, but any errors on the officer’s end, including misconduct due to an improper line of questioning, can cause your visa to be thrown out, leaving you to restart the process.
What’s Next?
Receiving a USCIS NOIR for your H-1B visa is always stressful. However, this doesn’t have to mean you can no longer stay in the US or that you have no recourse to defend yourself. Before you do anything else, contact Visa2US and let us advise you as to what your options are.
Typically, USCIS will require documentation from you to aid them as they investigate the allegations. Our office will assist you in compiling this information and creating your defense. All questions must be answered wholly and accurately without any vague responses. You may need to submit added documentation.
Once this submission is completed and filed, it’s common for there to be a long wait — sometimes up to one year — before you hear a response. That’s a good thing because it means USCIS is investigating and not giving a denial without researching your case first. If the decision is favorable, there’s nothing to be concerned about. If USCIS rejects your appeal, you may re-appeal within fifteen days.
If you’ve received a NOIR, contact Visa2US immediately. The consequences to this notice can mean the end of your work benefits and authorization and an enforced requirement for you and your family to leave the country. Should you decide to apply for another visa in the future, you’ll need to disclose the details of the revocation every time.
Immigration law is complex and often confusing, but you don’t have to navigate it alone. Visit Visa2US to schedule a consultation and take charge of your future.
