2nd Circuit Court Requires I-140 Revocation Notice: Analysis

On December 30, 2015, the US Court of Appeals for the 2^nd Circuit ruled that US Citizenship and Immigration Services (SUCIS) must notify either the beneficiary of an approved I-140 or successor employer, of any intent to revoke the petition prior to revocation (Mantena v. Johnson, Docket No. 14-2476-cv, (2^nd Cir., Dec. 30, 2015)). 

Case Summary

This case came up in the common situation of a foreign national being sponsored for permanent residence by an employer, but then changes employment to a new employer under rules allowing portability of employment after I-140 immigrant petition approval and after the I-485 adjustment of status application had been pending at least 180 days.  Prior to this case, USCIS only notified the petitioning employer of the I-140 of the intent to revoke or of revocation itself.  Revocation is often initiated by the I-140 petitioning employer when the employee leaves their employment.