Reapproval of the I-140 petition from the USCIS after the consulate rejects the work immigrant visa
In order to hire a foreign employee to an American company, our Song Dong-ho General Law Firm conducted a case, and in 2017, the I-140 employment petition was already approved. After that, the foreign employee completed the visa interview at the US consulate, but the consul in charge conducted additional reviews and investigations on the case, and it was not until several months later that the case was not confirmed by the legal employment offer of the employee who applied for permanent residence (bona fide job offer). The visa was rejected on the grounds that it was difficult to determine that there was. The case was then returned to USCIS with a recommendation to cancel the I-140 petition, and USCIS issued a Notice of Intent to Revocation of the I-140 Approval (NOIR). In response, our immigration team submitted additional evidence and pleadings to refute this, and the USCIS overturned the State Department’s decision and reconfirmed the existing I-140 approval of the USCIS. Accordingly, our customers are expected to enter the United States as soon as possible after issuing a visa through a re-interview at the consulate in the future. In the past 2-3 years, as a means to control legal immigration, the rate of rejection of nonimmigrant/immigrant visas at US consulates in each country has increased. Among them, it is reported that a large number of cases of rejection due to incorrect legal provisions and interpretation of facts without clear grounds are included. In these circumstances, the case success story we have seen is significant.