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?
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.