The 180-day rule for I-140 withdrawal or revocation is a key part of United States 🇺🇸 immigration policy for people seeking employment-based green cards. This rule helps protect foreign workers from losing their place in the green card line if their employer withdraws support or goes out of business after a certain period. Understanding who qualifies, the detailed eligibility criteria, required documentation, the application process, and practical tips is essential for anyone affected by this rule. This guide provides a thorough, step-by-step explanation of the 180-day rule, focusing on I-140 petitions and priority date retention, with real-life examples and clear advice.
Who Qualifies for the 180-Day Rule Protection
The 180-day rule applies to people who have an approved I-140 petition or a pending I-485 adjustment of status application. Here’s a breakdown of who can benefit:
1. Employment-Based Green Card Applicants:
The rule is for foreign nationals who are applying for a green card through employment in the United States 🇺🇸. This includes people in the EB-1, EB-2, and EB-3 categories.
2. Beneficiaries of Approved I-140 Petitions:
If you have an I-140 petition (Immigrant Petition for Alien Worker) that has been approved by USCIS, you may qualify for protection under the 180-day rule.
3. Applicants with Pending I-485 Applications:
If you have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and it has been pending for at least 180 days, you are also covered by this rule.
4. People Facing Employer Withdrawal or Business Closure:
The rule is especially important if your employer withdraws the I-140 petition or goes out of business after the 180-day period.
5. No Serious Violations:
You do not qualify if your I-140 is withdrawn or revoked because of fraud, misrepresentation, or other serious legal issues.
Detailed Eligibility Criteria with Examples
To benefit from the 180-day rule, you must meet certain requirements. Let’s look at these in detail, with examples to make them easier to understand.
1. I-140 Petition Approved for at Least 180 Days
Your I-140 petition must have been approved by USCIS and remain approved for at least 180 days. The 180 days are counted from the date of approval, not the date of filing.
Example:
Maria’s I-140 petition was approved on January 1. Her employer decides to withdraw the petition on July 5, which is more than 180 days later. Maria keeps her priority date and the I-140 approval, even though her employer withdrew support.
2. I-485 Application Pending for at Least 180 Days
If you have filed Form I-485 and it has been pending for 180 days or more, you are protected. This is true even if your I-140 was approved for less than 180 days.
Example:
Raj files his I-485 on February 1. His employer withdraws the I-140 on August 5, after the I-485 has been pending for over 180 days. Raj keeps his priority date and can continue the green card process.
3. No Fraud or Misrepresentation
The 180-day rule does not protect you if USCIS finds fraud, misrepresentation, or other serious problems with your petition.
Example:
If USCIS discovers that the job offer in the I-140 was fake, they can revoke the petition at any time, even after 180 days.
4. Same or Similar Occupational Classification for Portability
If you want to change jobs after 180 days, the new job must be in the same or similar occupation as the original I-140 petition. This is called “portability” under INA § 204(j).
Example:
If you were approved as a software engineer and want to move to another software engineering job, you can do so. But if you switch to a completely different field, you may not qualify.
5. New Job Offer or New I-140 Petition Needed for Green Card Approval
Even if you keep your priority date, you still need a valid job offer or a new I-140 petition from a new employer to finish the green card process.
Example:
After her employer withdraws the I-140, Ana finds a new job as a data analyst (same field). Her new employer files a new I-140 for her. She keeps her original priority date.
Required Documentation
To benefit from the 180-day rule and priority date retention, you need to have the right documents and submit them properly. Here’s what you’ll need:
1. Approved I-140 Petition
You must have a copy of your approved Form I-140. This is the main document showing your eligibility.
2. I-485 Receipt Notice
If you have filed Form I-485, keep the receipt notice (Form I-797C, Notice of Action) as proof of the filing date.
3. Proof of 180 Days
You need to show that either your I-140 has been approved for at least 180 days or your I-485 has been pending for at least 180 days. This can be done with approval and receipt notices.
4. Evidence of Same or Similar Job (for Portability)
If you are changing jobs, you must provide evidence that the new job is in the same or similar occupational classification. This can include:
- Job offer letter from the new employer
- Job descriptions
- Pay stubs or employment verification letters
5. New I-140 Petition (if needed)
If your new employer is filing a new I-140, you’ll need to submit a complete petition with all supporting documents.
6. No Evidence of Fraud or Misrepresentation
You must not have any evidence of fraud, misrepresentation, or other legal violations in your file.
7. Employer Withdrawal Letter (if applicable)
If your employer withdraws the I-140, they must send a written request to USCIS. You may want a copy for your records.
Application Process Overview
Understanding the step-by-step process helps you avoid mistakes and delays. Here’s how the 180-day rule works in practice:
Step 1: I-140 Petition Approval
Your employer files Form I-140 with USCIS. Once approved, you receive an approval notice.
Step 2: Wait for 180 Days
The 180-day clock starts on the date of I-140 approval. If you file Form I-485, the 180-day period can also be counted from the date your I-485 is received by USCIS.
Step 3: Employer Withdrawal or Business Closure
If your employer withdraws the I-140 or goes out of business after 180 days, USCIS will not revoke your I-140 solely because of this. If the withdrawal happens before 180 days, the I-140 will usually be revoked unless your I-485 has been pending for 180 days.
Step 4: Retain Priority Date
You keep your priority date from the original I-140. The priority date is the date your labor certification was filed (if required) or the date USCIS received your I-140.
Step 5: Change Jobs (if needed)
If you want to change jobs, make sure the new job is in the same or similar occupation. You may need to submit evidence to USCIS.
Step 6: New Job Offer or New I-140 Petition
To finish the green card process, you need a valid job offer. If you have changed employers, the new employer may need to file a new I-140 for you. You can use your original priority date.
Step 7: Continue Green Card Processing
Once you have a new job offer or I-140, you can continue with your green card application. If your I-485 is already pending, you may not need to file a new one.
Step 8: Final Green Card Approval
USCIS reviews your case and, if all requirements are met, approves your green card.
Practical Tips for Meeting Requirements
Here are some practical tips to help you meet the requirements and avoid common problems:
1. Keep All Documents Safe
Always keep copies of your I-140 approval notice, I-485 receipt, and any correspondence with USCIS. These documents are your proof if questions come up later.
2. Track the 180-Day Period
Mark your calendar with the I-140 approval date and the I-485 filing date. Make sure you know exactly when the 180-day period ends.
3. Communicate with Your Employer
If you think your employer might withdraw your I-140, talk to them about the timing. If possible, ask them to wait until after 180 days.
4. Check Job Classification Carefully
If you plan to change jobs, make sure the new job is in the same or similar occupation. You can check the Department of Labor’s Standard Occupational Classification (SOC) codes for guidance.
5. Get Legal Advice if Needed
If your situation is complicated, or if you’re unsure about job similarity or timing, consult an immigration attorney. They can help you avoid mistakes.
6. Watch for Fraud or Misrepresentation
Never provide false information or fake documents. USCIS can revoke your I-140 at any time if they find fraud.
7. Use Your Priority Date Wisely
If you need to file a new I-140, make sure to include your original priority date. This can save you years of waiting.
8. Stay Informed About Policy Changes
USCIS policies can change. Check the USCIS official guidance on I-140 petitions regularly for updates.
9. Understand H-1B Extensions
If you have an approved I-140 and retain your priority date, you may be able to extend your H-1B status beyond the usual six-year limit, even if your employer withdraws the petition after 180 days.
10. Prepare for Requests for Evidence (RFEs)
USCIS may ask for more information about your job change or new job offer. Be ready to provide job descriptions, offer letters, and proof that the new job is similar to the old one.
Common Concerns and Answers
Many people have questions about the 180-day rule, I-140 petitions, and priority date retention. Here are answers to some of the most common concerns:
Q: What happens if my employer withdraws my I-140 before 180 days?
A: If your I-140 is withdrawn before it has been approved for 180 days, and your I-485 has not been pending for 180 days, USCIS will usually revoke the petition. You will lose your priority date and may have to start over.
Q: Can I keep my priority date if I change employers after 180 days?
A: Yes, as long as your I-140 was approved for at least 180 days or your I-485 has been pending for 180 days, you keep your priority date. You must have a new job offer in the same or similar occupation.
Q: What if my employer goes out of business after 180 days?
A: You still keep your I-140 approval and priority date. The rule protects you from losing your place in line due to business closure.
Q: Can USCIS revoke my I-140 after 180 days for other reasons?
A: Yes. If there is fraud, misrepresentation, or other legal problems, USCIS can revoke your I-140 at any time.
Q: Do I need a new labor certification if I file a new I-140?
A: In most cases, yes. Your new employer will need to file a new labor certification and I-140, but you can keep your original priority date.
Q: Does the 180-day rule apply to all employment-based categories?
A: The rule applies to EB-1, EB-2, and EB-3 categories. It does not apply to family-based green cards.
Q: What is a priority date and why is it important?
A: The priority date is your place in line for a green card. It is usually the date your labor certification was filed or, if not required, the date USCIS received your I-140. Keeping an earlier priority date can save you years of waiting.
Q: How do I prove my new job is similar to my old job?
A: Provide job descriptions, offer letters, and other documents showing similar duties and requirements. USCIS looks at the total picture, not just job titles.
Q: Can I use the 180-day rule if I am outside the United States 🇺🇸?
A: The rule mainly applies to people adjusting status inside the United States 🇺🇸. If you are outside the country, consult an attorney for your specific case.
Q: What if my I-140 is revoked for a mistake by USCIS?
A: If the revocation is due to a USCIS error, you may be able to appeal or ask for correction. The 180-day rule does not protect against revocation for errors, but you can seek help.
Historical Context and Policy Background
The 180-day rule was created to help foreign workers in the United States 🇺🇸 have more job flexibility and security. Before this rule, employers could withdraw I-140 petitions at any time, causing workers to lose their place in the green card line. This made it risky for workers to change jobs or speak up about workplace problems.
In January 2017, the Department of Homeland Security (DHS) made new regulations to give more protection to high-skilled workers. The rule was designed to help people keep their priority date and green card progress, even if their employer changed their mind or went out of business. This change was especially important in fast-moving industries like technology, where job changes are common.
As of July 2025, USCIS continues to enforce the 180-day rule. There have been no major changes to this policy, and it remains a key protection for employment-based green card applicants.
Real-Life Example
Let’s look at a real-life scenario to see how the 180-day rule works:
Case Study: Priya’s Journey
Priya is an engineer from India working in the United States 🇺🇸 on an H-1B visa. Her employer files an I-140 petition for her in the EB-2 category. The I-140 is approved on March 1. Priya files her I-485 adjustment of status application on April 1. On September 15, her employer’s business closes.
Because her I-140 was approved for more than 180 days, Priya keeps her priority date. She finds a new job as an engineer with another company. The new employer files a new I-140 for her, and she uses her original priority date. Priya does not have to start over, and her green card process continues.
Expert Perspectives
Immigration lawyers and experts agree that the 180-day rule is one of the most important protections for foreign workers in the United States 🇺🇸. It gives workers more freedom to change jobs and protects them from losing years of progress if their employer withdraws support. However, experts also warn that workers must be careful to follow all rules, especially about job similarity and timing.
Employers should also understand the impact of withdrawing I-140 petitions. While they can withdraw support, the worker may still keep their priority date and continue the green card process with a new employer.
According to analysis by VisaVerge.com, the 180-day rule has helped thousands of workers avoid losing their place in the green card line due to reasons beyond their control, such as layoffs or business closures.
Official Resources and Further Reading
For the most up-to-date information and official guidance, visit the USCIS I-140 Petition Filing and Processing Procedures page. This page provides detailed instructions, forms, and policy updates.
You can also review the regulations at 8 CFR 204.5(e) (priority date retention) and 8 CFR 205.1(a)(3)(iii)(C) (withdrawal and revocation rules).
If you need legal advice, consider speaking with an immigration attorney who specializes in employment-based immigration.
Key Takeaways and Next Steps
- The 180-day rule protects your I-140 approval and priority date if the petition has been approved for at least 180 days or your I-485 has been pending for 180 days.
- You keep your priority date even if your employer withdraws the petition or goes out of business, as long as there is no fraud or misrepresentation.
- To finish your green card process, you need a valid job offer or a new I-140 petition from a new employer in the same or similar occupation.
- Keep all documents safe, track important dates, and get legal advice if you have questions.
- Stay informed about policy updates by checking the official USCIS website.
By following these steps and understanding the 180-day rule, you can protect your place in the green card process and make informed decisions about your career and future in the United States 🇺🇸.
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