An approved petition is not beyond reach. Some revocations happen automatically, some require notice and a chance to respond, and for employment-based petitions a 180-day line decides whether a withdrawal takes the approval with it.
- Automatic revocation happens by operation of the regulation, on listed events
- Revocation on notice covers everything else, with a right to respond
- 180 days is the threshold for withdrawals and employer closures
- 15 days to appeal a revocation
- A revoked approval can destroy a retained priority date
Two mechanisms
Automatic revocation applies to a list of specified events. For employment-based petitions the relevant list is at 8 CFR 205.1(a)(3)(iii), and it opens with two entries that need no explanation: invalidation of a supporting labour certification, and "the death of the petitioner or beneficiary".
Everything else runs through the other route:
"Any Service officer authorized to approve a petition under section 204 of the Act may revoke the approval of that petition upon notice to the petitioner on any ground other than those specified in § 205.1 when the necessity for the revocation comes to the attention of this Service." 8 CFR 205.2(a)
And with procedural protection:
"Revocation of the approval of a petition of self-petition under paragraph (a) of this section will be made only on notice to the petitioner or self-petitioner. The petitioner or self-petitioner must be given the opportunity to offer evidence in support of the petition or self-petition and in opposition to the grounds alleged for revocation of the approval." 8 CFR 205.2(b)
If revocation follows, the director "shall provide the petitioner or the self-petitioner with a written notification of the decision that explains the specific reasons for the revocation."
The 180-day rule
This is the provision worth knowing precisely, because it decides whether an employer can undo your approval.
"In employment-based preference cases, upon written notice of withdrawal filed by the petitioner to any officer of USCIS who is authorized to grant or deny petitions, where the withdrawal is filed less than 180 days after approval of the employment-based preference petition, unless an associated adjustment of status application has been pending for 180 days or more. A petition that is withdrawn 180 days or more after its approval, or 180 days or more after the associated adjustment of status application has been filed, remains approved unless its approval is revoked on other grounds." 8 CFR 205.1(a)(3)(iii)(C)
So there are two independent 180-day clocks: one from approval of the petition, one from filing of the adjustment application. Passing either protects the approval from a withdrawal.
The provision goes on to explain what survives and what does not. If the petition is withdrawn, "the job offer of the petitioning employer is rescinded and the alien must obtain a new employment-based preference petition in order to seek adjustment of status or issuance of an immigrant visa as an employment-based immigrant, unless eligible for adjustment of status under section 204(j) of the Act and in accordance with 8 CFR 245.25."
Note what that means. The approval can survive while the job offer does not, and job portability after 180 days is the mechanism that turns a surviving approval into a usable one.
The same structure applies where the employer's business ends:
"Upon termination of the petitioning employer's business less than 180 days after petition approval under section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) of the Act, unless an associated adjustment of status application has been pending for 180 days or more." 8 CFR 205.1(a)(3)(iii)(D)
Read the classifications listed there: EB-1B, EB-1C, EB-2 and EB-3. EB-1A, at section 203(b)(1)(A), is not among them, which follows from the fact that it needs no petitioning employer.
Appealing a revocation
"The petitioner or self-petitioner may appeal the decision to revoke the approval within 15 days after the service of notice of the revocation." 8 CFR 205.2(d)
Fifteen days, not the thirty that applies to appealing a denial. That is a materially shorter window and it is easy to assume otherwise. If your I-140 is denied covers the thirty-day routes that follow a denial rather than a revocation.
What a revocation costs
Beyond the petition itself, revocation can reach a priority date you were relying on. The retention rule is unavailable where USCIS revokes approval because of "Fraud, or a willful misrepresentation of a material fact", revocation or invalidation of an accompanying labour certification, or "A determination by USCIS that petition approval was based on a material error."
That is one more reason the accuracy discipline matters years before it is tested. Priority date retention covers what carries forward and what destroys it, and profile-building scams covers the packaged claims that create exposure in the first place.
The asymmetry worth noticing
Most of this chapter of the regulations is about things other people can do to your petition: an employer withdrawing it, an employer closing, a job offer being rescinded. On a self-petitioned route none of those actors exists.
That is not an argument that EB-1A is easier. The evidentiary bar is higher, as the three EB-1 classifications compared sets out. It is an argument that the risks are different in kind, and worth weighing alongside the evidentiary ones when you choose a route with your attorney.
Sources
All accessed 26 August 2026.
- 8 CFR 205.1, eCFR. Automatic revocation, including the employment-based provisions and the 180-day thresholds, quoted verbatim above.
- 8 CFR 205.2, eCFR. Revocation on notice, the opportunity to respond, written notification, and the 15-day appeal window.
- 8 CFR 204.5(e)(2), eCFR. The revocations that destroy a retained priority date.
- 8 CFR 245.25, eCFR. The portability provision the revocation rules carve out for.
This article describes the rules in general terms. It is not a substitute for advice from your attorney about your own case.
Frequently asked questions
Can an employer withdraw an approved I-140?
Yes, and the timing decides the effect. A withdrawal filed less than 180 days after approval triggers automatic revocation unless an associated adjustment application has been pending 180 days or more. A petition withdrawn 180 days or more after approval remains approved unless revoked on other grounds.
What happens if the employer goes out of business?
The same 180-day structure applies. Termination of the petitioning employer's business less than 180 days after approval triggers automatic revocation for the classifications the regulation lists, subject to the same adjustment-application exception.
What is revocation on notice?
Revocation on any ground other than the automatic ones, made only on notice to the petitioner, who must be given the opportunity to offer evidence in support of the petition or self-petition and in opposition to the grounds alleged.
Can you appeal a revocation?
The regulation provides that the petitioner or self-petitioner may appeal the decision to revoke the approval within 15 days after the service of notice of the revocation.
Does revocation affect a retained priority date?
It can. Priority date retention is unavailable where USCIS revokes approval for fraud or wilful misrepresentation of a material fact, or on a determination that approval was based on a material error, among other listed grounds.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.