Website Q & A - October 12, 2007

Filing for NIW in Another Field After Extraordinary Alien (E-11) I-140 Approved and the Revocation Process

Dear Mr. Lee,

I applied for immigration under the extraordinary alien category as an archaeologist in 2004 and was approved. Because I am not working in my field (doing computer networking now), my lawyer suggested that I file another petition under a national interest waiver (NIW) in my present area. When we filed, the U.S.C.I.S. not only denied my latest application, but revoked my extraordinary alien approval. What can I do now?

Dear reader:

Under law, you can contest a revocation by rebutting that "good and sufficient cause" exists to revoke the petition. Such burden is upon the U.S.C.I.S. even if it is not a large one to bear. Any appeal must be filed within 15 days after notice. I note that we successfully contested the right of legacy INS to revoke I-140 petitions after individuals had embarked on their journeys to the U.S. in the Second Circuit Court of Appeals in the case of Firstland v. INS in 2004, but that Congress subsequently passed legislation overruling the Firstland decision.

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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.