An employer’s ability to rescind sponsorship of an employment-based green card after its initial approval is limited. While the United States Citizenship and Immigration Services (USCIS) grants the approval, the underlying basis often rests on a continuing employment relationship. Should that relationship terminate shortly after approval, particularly under questionable circumstances, USCIS may have grounds to re-evaluate the green card status. For example, if an employer lays off the sponsored employee soon after the green card is received and then hires another individual for a similar role, it could raise concerns about the legitimacy of the initial sponsorship.
Understanding the conditions under which a petition can be revisited is crucial for both employers and employees. This knowledge safeguards employees against potential repercussions of unexpected job loss and protects employers from accusations of misrepresentation. Historically, the regulations governing employment-based immigration have evolved to prevent exploitation and ensure fairness. Clarity around post-approval processes contributes to a more transparent and stable immigration system.
