Key Risks of Early I-140 Revocation and Benefits of Parallel Filings

Recent updates to United States 🇺🇸 immigration policy and ongoing enforcement of existing rules have brought renewed attention to the risks faced by employment-based green card applicants when their I-140 petitions are revoked or withdrawn early. At the same time, the use of parallel filings—submitting multiple I-140 petitions through different employers or job offers—has become a key strategy for protecting applicants from having to restart the green card process from the beginning. This update explains the current rules, the practical implications for applicants and employers, and the steps individuals can take to safeguard their immigration journey.

The I-140 petition, officially known as the Immigrant Petition for Alien Worker, is a critical step in the employment-based green card process. It is filed by an employer on behalf of a foreign worker, and its approval is required before the worker can move forward with applying for lawful permanent residence (a green card). However, the process is not without risks, especially if the I-140 is withdrawn or revoked early in the process.

Key Changes and Ongoing Enforcement

The United States Citizenship and Immigration Services (USCIS) continues to strictly enforce the 180-day rule for I-140 withdrawal and revocation. If an employer withdraws the I-140 petition within 180 days of its approval, USCIS will automatically revoke the petition. This rule has significant consequences for green card applicants, as it can force them to start the process over unless they have certain protections in place.

Additionally, USCIS maintains a strong focus on fraud detection and can revoke an I-140 at any time if fraud, misrepresentation, or a material error is found. Recent court cases in 2025 have shown that USCIS may even revoke petitions years after a green card has been issued if problems are discovered. These developments highlight the importance of understanding the risks and taking steps to protect one’s status.

Understanding the Risks of Early I-140 Revocation or Withdrawal

The green card process is complex, and the I-140 petition is a central part of it. When an I-140 is revoked or withdrawn early—specifically, within 180 days of approval—the consequences can be severe for the beneficiary (the foreign worker). Here are the main risks:

• Automatic Revocation Within 180 Days: If the employer withdraws the I-140 petition within 180 days of its approval, USCIS will automatically revoke the petition. This means the worker loses the approved petition that forms the basis for their green card application.

• Loss of Priority Date and Need to Restart: The priority date is the date when the green card process officially begins. If the I-140 is revoked early and there are no protections, the worker usually has to file a new I-140 petition and start the green card process from the beginning. This often means waiting for labor certification (PERM) again, which can add years to the timeline.

• Impact on Pending I-485 Applications: The I-485, Application to Register Permanent Residence or Adjust Status, is the form used to apply for a green card from within the United States 🇺🇸. If the I-485 has not been filed, or if it has not been pending for at least 180 days, the revocation of the I-140 can cause the I-485 to be denied. This can leave the applicant without a path to permanent residence.

• Employer Business Termination: If the employer’s business closes within 180 days after I-140 approval, the petition is also automatically revoked unless the I-485 has been pending for at least 180 days. This risk is especially important in industries with frequent layoffs or business closures.

• Fraud or Misrepresentation: USCIS can revoke an I-140 at any time if fraud, misrepresentation, or a material error is found. In these cases, the petition and the priority date are lost permanently, and there is no protection, even if the I-485 has been pending for more than 180 days.

• No Immediate Impact on Authorized Stay: For workers with a pending I-485, the revocation of the I-140 does not immediately affect their authorized stay in the United States 🇺🇸. However, it does put their eligibility to adjust status at risk unless they are protected by portability rules.

These risks make it clear that relying on a single I-140 petition can be dangerous, especially in uncertain job markets or when working for employers with unstable business conditions.

How Parallel Filings Help Protect the Green Card Process

To address these risks, many applicants and their legal advisors are turning to parallel filings. This strategy involves submitting multiple I-140 petitions, often through different employers or for different job offers, to create a safety net. Here’s how parallel filings help:

• Priority Date Retention: USCIS allows applicants to keep the priority date from an approved I-140 petition, even if that petition is later withdrawn or revoked, as long as there was no fraud or misrepresentation. By having multiple approved I-140s, applicants can rely on another petition if one is revoked, keeping their earliest priority date and avoiding the need to start over.

• Backup Petitions: Filing parallel I-140 petitions with multiple employers or for multiple positions provides backup options. If one petition is withdrawn or revoked, the applicant can continue the green card process based on another approved petition. This means they do not have to repeat labor certification or wait in long visa queues again.

• Portability Under INA § 204(j): The Immigration and Nationality Act (INA) allows for “portability” if the I-485 has been pending for at least 180 days. This means the applicant can change jobs or employers in the same or similar occupation without losing their place in the green card process, even if the original I-140 is withdrawn or revoked. Parallel filings increase flexibility and reduce risk by providing more options for job changes.

• Mitigating Employer Risks: Since employers can withdraw I-140 petitions at any time, parallel filings reduce the applicant’s dependence on a single employer. This is especially important in cases of layoffs, business closures, or disputes between the worker and the employer.

Practical Implications for Applicants and Employers

The practical implications of these rules and strategies are significant for both applicants and employers. Here are some key points to consider:

• Timing Is Critical: Applicants should file the I-485 as soon as they are eligible and keep it pending for at least 180 days. This provides protection against I-140 revocation and allows for job portability.

• Consider Multiple Employers or Job Offers: When possible, applicants should seek out multiple job offers and file parallel I-140 petitions. This approach helps safeguard the green card process and ensures that the priority date is protected.

• Monitor Employer Status: If the employer’s business is unstable or likely to close, parallel filings or early I-485 filing become even more important. Applicants should stay informed about their employer’s financial health and business plans.

• Premium Processing: USCIS offers premium processing for many I-140 petitions, which guarantees a decision within 15 calendar days. Regular processing times average about 7.7 months. Using premium processing can help establish backup options quickly and reduce the risk of delays.

• Legal Counsel: The rules around I-140 revocation, portability, and parallel filings are complex. Applicants should consult with experienced immigration attorneys to develop a strategy that fits their situation and to ensure they understand all the rules and options.

Case Study: How Parallel Filings Can Save the Green Card Process

Let’s look at a real-world example to show how parallel filings can make a difference:

Priya is an IT professional working in the United States 🇺🇸 on an H-1B visa. Her employer, TechSolutions, files an I-140 petition for her in the EB-2 category. The petition is approved, and Priya is waiting for her priority date to become current so she can file her I-485. Six months after the I-140 approval, TechSolutions faces financial trouble and decides to close the business. Because the business closes within 180 days of the I-140 approval, USCIS automatically revokes the petition.

If Priya had relied only on this single I-140, she would have to start the green card process from scratch, including a new labor certification and waiting for a new priority date. However, Priya had also accepted a job offer from another company, DataCorp, which filed a parallel I-140 petition for her. When TechSolutions closed, Priya was able to continue her green card process using the approved I-140 from DataCorp and keep her original priority date. This saved her years of waiting and uncertainty.

Summary Table: Risks vs. Protections with Parallel Filings

To help applicants and employers understand the benefits of parallel filings, here’s a summary table:

Recent Developments and Ongoing Trends (2025)

• The 180-day rule for I-140 withdrawal and revocation remains a key part of USCIS policy.
• USCIS continues to focus on fraud detection and can revoke petitions at any time if problems are found.
• Recent court cases have shown that even green cards issued years ago can be challenged if the original I-140 had issues.
• Processing times for I-140 petitions remain stable, with premium processing available for many employment-based categories.
• More applicants are using parallel filings to protect their green card process, especially in industries with frequent layoffs or business changes.

Official Resources and Where to Get Help

Applicants and employers can find more information and check current processing times on the official USCIS Processing Times page. The USCIS Policy Manual also provides detailed guidance on I-140 withdrawal and revocation, as well as rules for portability and priority date retention.

For those who need legal help, it is important to work with immigration attorneys who specialize in employment-based green cards. Law firms such as Brown Immigration Law and Chidolue Law Firm are examples of firms with experience in this area.

Frequently Asked Questions

1. What happens if my I-140 is withdrawn within 180 days of approval?

If your I-140 is withdrawn by your employer within 180 days of approval, USCIS will automatically revoke the petition. This usually means you lose the basis for your green card application and may have to start the process over, unless you have another approved I-140 or your I-485 has been pending for at least 180 days.

2. Can I keep my priority date if my I-140 is revoked?

You can usually keep your priority date from an approved I-140, even if it is later withdrawn or revoked, as long as there was no fraud or misrepresentation. This allows you to use the same priority date for a new I-140 petition.

3. How do parallel filings work?

Parallel filings involve submitting multiple I-140 petitions, often through different employers or for different job offers. This creates backup options in case one petition is withdrawn or revoked, helping you avoid starting the green card process from scratch.

4. What is the 180-day rule for I-485 portability?

If your I-485 application has been pending for at least 180 days, you can change jobs or employers in the same or similar occupation without losing your place in the green card process, even if your original I-140 is withdrawn or revoked.

5. What should I do if my employer’s business is unstable?

If you think your employer’s business may close or lay off workers, consider filing parallel I-140 petitions with other employers or job offers. You should also file your I-485 as soon as you are eligible and keep it pending for at least 180 days.

6. How long does it take to process an I-140 petition?

Regular processing times for I-140 petitions average about 7.7 months, but premium processing is available for many categories and provides a decision within 15 calendar days.

7. What if USCIS finds fraud or misrepresentation?

If USCIS finds fraud or misrepresentation, they can revoke your I-140 at any time, and you will lose your priority date. There is no protection in these cases, and you may need legal help to defend your case.

Practical Tips for Applicants

• Act Quickly: File your I-485 as soon as you are eligible and keep it pending for at least 180 days.
• Consider Multiple Options: Look for job offers from more than one employer and file parallel I-140 petitions if possible.
• Stay Informed: Keep track of your employer’s business status and any changes that could affect your petition.
• Use Premium Processing: If available, use premium processing to speed up the approval of your I-140 petitions.
• Consult Legal Experts: Work with experienced immigration attorneys to develop a strategy that fits your situation.

Conclusion and Next Steps

The risks of early I-140 revocation or withdrawal are real and can have serious consequences for employment-based green card applicants. However, by understanding the rules and using strategies like parallel filings, applicants can protect themselves from having to start the green card process over. Timing is critical, and working with multiple employers or job offers can provide important backup options.

Employers should also be aware of these rules and work with their employees to ensure that petitions are filed and maintained properly. Both applicants and employers should stay informed about USCIS policies and seek legal advice when needed.

As reported by VisaVerge.com, the trend toward parallel filings is growing as more applicants look for ways to secure their future in the United States 🇺🇸. With careful planning and the right strategy, it is possible to navigate the green card process successfully, even in uncertain times.

For more information on I-140 petitions, green card process steps, and official forms, visit the USCIS I-140 page. Always use the latest official forms and follow USCIS instructions closely to avoid delays or problems.

By staying proactive and informed, applicants can reduce the risks and move forward with confidence in their journey toward permanent residence in the United States 🇺🇸.