There are a number of reasons an O-1 Petition can be revoked after it has been approved.
Under 8 CFR §214.2(o)(8)(ii), an approved O-1 can be automatically revoked if:
- The petitioner goes out of business;
- The petitioner files a written withdrawal of the petition
- The petitioner notifies the Service that the beneficiary is no longer employed by the petitioner.
Additionally, a petition can be revoked if:
- The facts included in the petition do not represent the truth.
USCIS has broad investigation powers and can call your employers, your signers, and investigate and analyze if those contracts that you’ve submitted in your petition are true and real. Therefore, it is extremely important that signed testimonials and future contracts reflect the truth of your professional relationship with the signer.
- High-profile professionals
High-profile individuals tend to receive phone calls from USCIS. This is done to ensure that the high-profile person actually signed the document. Signers need to understand and be able to confirm the content of the testimonials and the contracts.
- Material Changes
If there has been a material change to your O-1 petition, such as a major change in employment, your O-1 petition can be revoked.
- Violation of the Terms of the Petition
Violating the terms of your O-1 petition, can result in revocation of your petition. A violation can include employment outside the scope of your O-1.
Real Life Example:
One of my first cases was working on an O-1 Approved case that had been revoked. The case was submitted to the fraud unit because of deficient contracts.
USCIS had contacted the different theatre venues and none of the venues could confirm that the performer would be performing in the venues. The venues were not familiar with the productions, the directors, or the actress.
It is extremely important to only include factual information in your petition. Serious consequences such as a O-1 visa revocation can ensue.