Can Employers Revoke Green Card Sponsorship After Filing Your AOS Application?

Do you have a pending adjustment of status (AOS) application? It’s typical for AOS applicants to wait over six months for the United States Citizenship and Immigration Services (USCIS) to process the application. 

Some employers may withdraw their sponsorship after filing the AOS application. As the petitioner, the employer retains the right to request withdrawal of the petition at any point while it remains pending. 

However, what happens when an employer revokes green card sponsorship depends precisely on different factors, particularly on how far along you are in the application process at the time of the withdrawal. 

What Happens Before USCIS Approves Your Petition

At any stage in the process, the petitioner can notify the USCIS of their intention to withdraw the Immigrant Petition for Alien Worker. Suppose the petitioner, who is the sponsoring employer, withdraws before the USCIS approves the petition. In that case, they will certainly deny or cancel the petition. Without a valid petition, your AOS application will lose its legal basis and be denied. 

What Happens After USCIS Approves Your Petition

You will need your petitioner’s continued cooperation even after USCIS approves your petition. 

For instance, as part of the employment-based green card process, it’s imperative for your US employer to submit a letter confirming that the job remains available. They must also specify that they will employ you once the USCIS approves your green card. 

Having a bona fide job offer is one of the most critical requirements at this stage. It serves as proof that the employment relationship underlying the petition remains valid and intact. If the petitioner revokes the green card sponsorship after USCIS approves the immigrant petition, your options will depend on where your AOS application stands. 

Suppose your AOS application has been sitting with USCIS for at least 180 days. You may be eligible for job portability under the American Competitiveness in the Twenty-First Century Act (AC21). It permits you to change to a similar job with a new employer without losing the benefit of your approved immigrant petition. Otherwise, if your AOS has been pending for less than 180 days, the withdrawal could result in the denial of your AOS application.

What Happens After USCIS Issues Your Green Card

An employer’s attempt to withdraw sponsorship at this stage will likely not have any impact on your immigration status. Since you are already a lawful permanent resident, the validity of your green card no longer depends on your employment relationship. 

Hence, after USCIS issues your green card, the sponsoring employer no longer has the power to revoke your status. The authority to do so belongs solely to USCIS. Suppose the petitioner proves that your petition or green card was fraudulent. An immigration judge will likely deport you if fraud or misrepresentation is verified. 

Protect Your Green Card Journey With ALG Lawyers

Your employer’s cooperation is crucial at every stage of the green card process. Our legal team at ALG Lawyers understands how stressful it can be when a US petitioner threatens to withdraw the visa petition. We can help assess what stage of the immigration process your case is at and what protections apply to your circumstances. Schedule a legal consultation today to discuss how we can further assist you in protecting your green card journey and maximizing your chances of approval. 

FAQs on Can Employers Revoke Green Card Sponsorship After Filing Your AOS Application

Not necessarily. If your AOS application was pending for 180 days or more before the withdrawal, you can retain your priority date under AC21 portability. But to do so, you must satisfy other eligibility requirements, such as having a qualifying job offer in the same or similar occupational classification. 

In many cases, a new employer can step in and continue your green card case under AC21 portability. That means you can keep your priority date without requiring you to restart the entire process. However, you must meet certain conditions. It’s worth noting that AC21 protections only allow you to continue your case because of the existing approved AOS application. The primary role of the new employer is to provide the qualifying job offer that satisfies USCIS criteria going forward. 

The employer has no legal authority to revoke your green card after it has been issued. In this case, your lawful permanent resident status is not tied to your ongoing employment with the employer who sponsored you.

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)