portability provisions | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Portability Provisions cannot be used if original I-140 not valid

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Eighth Circuit affirmed the district court’s dismissal, holding that the court lacked jurisdiction to consider whether USCIS failed to comply with disclosure requirements under 8 CFR §103.2(b)(16) when it revoked the plaintiff-beneficiary’s I-140 petition. The court also held that the plaintiff could not port his I-140 to subsequent employers, because the I-140 was not valid to begin with, as USCIS found numerous deficiencies in the petition submitted by the original employer. The court thus found that the plaintiff was not statutorily eligible to adjust status.