Factors Leading to the Issuance of a NOIR H1B and Appropriate Responses.
A NOIR H1B refers to a Notice Of Intent to Revoke, which is a communication sent to an H1B applicant indicating the intention of the United States government to annul a previously sanctioned request, petition, or application.
This notice is issued by the United States Citizenship and Immigration Services (USCIS) and should not be confused with a NOID (Notice of Intent to Deny) or an RFE (Request for Evidence). While a NOID and RFE are typically issued when the decision leans favorably towards the petitioner, a NOIR signifies a more serious situation. The implications are significant, and the processing time for the visa may extend as the USCIS deliberates on the petition in question.
The Six Factors Leading to a USCIS NOIR for H1B Visas:
The United States Citizenship and Immigration Services (USCIS) reserves the authority to revoke a petition by issuing a Notice of Intent to Revoke (NOIR) in accordance with Section 205 of the Immigration and Nationality Act (INA). Typically, a NOIR will enumerate the specific reasons for the petition’s revocation. A visa officer may deny a visa and request the USCIS to issue a NOIR based on one or more of the following grounds:
1. Misrepresentation or Fraud by the Beneficiary:
Providing inaccurate or dishonest information regarding your relationship may lead the visa officer to determine that your marriage is fraudulent. Additionally, if any documentation appears dubious or questionable, the officer may not be fully persuaded by the details of your relationship, resulting in the revocation of your petition.
2. Inability of the Petitioner to Provide Sponsorship:
A consular officer may uncover damaging information, such as the U.S. spouse being married to another individual or having a history of domestic violence that was not disclosed.
3. Negative Information Discovered During Petition Investigation:
Consulates may perform their own investigations to ascertain the authenticity of a relationship prior to conducting interviews. This practice is particularly prevalent in certain consulates located in African nations. In some instances, a consular officer may visit the beneficiary’s home or speak with neighbors as part of the verification process. Although neighbors may have limited knowledge of the immigrant, consular officers may still assert that the relationship lacks legitimacy.
4. Ineligibility of the Beneficiary for the Visa:
The spouse beneficiary may be legally married to another person or may have previously engaged in marriage fraud. A child beneficiary could have recently entered into marriage, thus forfeiting eligibility to immigrate as a child of a permanent resident in the United States. According to Section 204(c) of the INA, an immigration petition cannot be approved if the beneficiary has previously participated in a sham marriage for immigration benefits.
5. Errors or Misrepresentations by the Petitioner:
This situation frequently occurs due to language barriers, which may lead to an officer mishearing or misinterpreting a beneficiary’s answers, ultimately resulting in the revocation of the petition. Additionally, an investigation can be compromised if a consular official mistakenly visits the incorrect residence and contacts the wrong neighbors.
6. Misconduct by the interviewing consular officer:
While infrequent, there are instances where a petition may be revoked due to the interviewer’s biased or prejudiced opinions. Some overly enthusiastic consular officers may improperly reinvestigate and make decisions regarding the original H1B petition. Consular officers must exercise significant caution when adjudicating cases. They are prohibited from posing irrelevant or speculative inquiries related to the matter. Furthermore, there is no justification for returning a petition for revocation to USCIS based solely on vague assertions.
