H1B NOIR

H1B NOIR - USCIS Notice of Intent to Revoke (even for Past Approvals)

USCIS sends notices of intent to revoke (NOIRs) for H1B applications that had been previously accepted. Techfetch H1B provides detailed information about what happens after H1B is revoked so applicants can better understand the U.S. immigration procedure. The most common reason for NOIR is when the applicant's first H1B, chosen through the lottery, was accepted for an internal assignment at an I.T. consulting company. It does not matter if the initial H1B employer still employs you. Read on to learn more about NOIRs to Revocation.

Notice Of Intent To Revocation- Meaning

NOIR, in simple terms, is just a denial of the H1B petition. Any prior H1B approval, whether or not it is current today, may be subject to a NOIR. USCIS allows the H1B holder to provide evidence as to why the H1B approval should not be withdrawn. USCIS will recover the NOIR if the applicant and their employer can formulate a convincing response with the help of an attorney.

A Brief on What to Expect After Getting NOIR

Receiving a notice of intent to revoke the H1B could significantly impact the currently issued H1B because USCIS has now invalidated the first cap count. When visiting H1B sites, the USCIS Fraud Detection and Homeland Security (FDNS) section specifically ask if the initial H1B approval was for an internal project or not. The FDNS team looks for H1B approvals at least five years old. According to records, several people explicitly received NOIRs after the USCIS site visit.

Previously, the H1B petition was approved due to an internal project or when an inspector discovers a change in your employment details, making the H1B ineligible at this time. A NOIR can be issued because an H1B amendment for a change in job function was not filed. If the initially chosen lottery is invalidated, the holder's authorized H1B transfer will also be void. They are no longer an employee of the current company.

USCIS specifies a time limit, often 30 days, for responses to NOIR notices. The H1B will be canceled immediately if the H1B holder doesn't respond in the allotted time. If providing the necessary documents takes more time than allotted, they can request more time to respond. The H1B beneficiary can continue to work once the NOIR is issued until the H1B is eventually canceled and their current H1B petitions remain valid.

Things to Do After Getting NOIR

The H1B beneficiary must respond to all inquiries made in the USCIS NOIR letter. Typically, the NOIR requires proof. They must submit documents related to their job with the documentation they provided with their initial H1B application. Avoid crafting ambiguous job descriptions as in the H1B QA Analyst position, as USCIS rejects them.

RFE, NOIR, and NOID

NOIR is different from RFE (Request for Evidence). For pending H1B applications that have not yet received a response, RFEs and NOIDs (Notice of Intent to Deny) are sent. H1B visa applications that have been previously approved receive a NOIR.

Even after USCIS has granted the petition, the H1B petition may still receive a NOIR if the U.S. embassy visa officer believes the beneficiary is not eligible for the H1B program.

The Takeaway

USCIS can always issue a NOIR. After NOIR, what will happen to current H1Bs? The current H1B is also void once the NOIR is finally cleared. Techfetch H1B is the best service provider to provide in-depth knowledge of the U.S. immigration system by clearly stating what happens after H1B is revoked.