I-140 Revocation & Priority Dates

In Longwood Village Restaurant, Ltd. v. John Ashcroft, the U.S. District Court for the District of Columbia in July 2001 rejects Eastern Service Center’s contention that an approved I-140 Immigrant Visa Petition was properly revoked. The Service Center revoked the I-140 on the basis of a letter the Beneficiary’s counsel sent to the U.S. Consulate abroad indicating that the Beneficiary was no longer interested in the job offered by the Petitioner and requesting the return of the approved visa petition and labor certification. The Court held that no evidence was presented verifying that the Petitioner had filed a “written notice of withdrawal with any officer of the Service who is authorized to grant or deny petitions” pursuant to 8 C.F.R. §205.1(a). The letter sent by Beneficiary’s counsel did not automatically revoke the I-140 approval. Revocation can only take place “when the petitioner, not the beneficiary, sends written notice of the withdrawal.” As a result of this determination, the Beneficiary who had a new I-140 approval had his earlier priority date reinstated.

Longwood Village Restaurant, Ltd. v. John Ashcroft Opinion