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Ninth Circuit Rules That Revocation of I-140 Trumps Portability


A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirmed that U.S. Citizenship and Immigration Services (USCIS) may revoke its previous approval of a visa petition at any time for “good and sufficient cause.” In Herrera v. USCIS, the court found that the plaintiff’s changing jobs (“portability”) did not shield her from revocation of her previously approved I-140 Immigrant Petition for Alien Worker, which USCIS had concluded was justified because of the company’s small size (seven employees) and the agency’s conclusion that the plaintiff did not perform managerial or executive duties.

For more on this case and its implications, see “Ninth Circuit in Herrera v. USCIS Rules That Revocation of I-140 Petition Trumps Portability,” available here.

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Ivener & Fullmer LLP, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.

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