An H-1B worker is facing a serious immigration challenge after receiving a Notice of Intent to Revoke from the USCIS. The notice relates to the worker’s previously approved H-1B petition. Such actions can place the worker’s legal status and employment at risk.
The issue reportedly arose due to a mismatch between job requirements and the wage level mentioned in the petition. USCIS conducted a site visit with the worker’s end client in 2025 to verify employment details and role responsibilities.
During the visit, the client reportedly stated that the role required a candidate with a Bachelor’s degree and at least five years of experience. However, the worker’s employer had filed the petition under Wage Level 2.
According to federal guidelines, the Software Developer role typically requires two to four years of experience under Wage Level 2. When a position demands five or more years of experience, it usually falls under a higher wage category.
USCIS officials therefore concluded that the role should have been filed under Wage Level 4 instead of Wage Level 2. This mismatch triggered the Notice of Intent to Revoke issued to the worker.
A NOIR is considered a serious administrative step in immigration procedures. If the explanation provided by the employer is not accepted, it may lead to the cancellation of the H-1B petition and the worker’s employment authorisation.
Immigration attorneys may submit a formal response to challenge the notice. However, cases involving differences between employer filings and client job requirements can be difficult to defend legally.
Workers facing a NOIR sometimes consider transferring to another employer before the decision is final. However, if the petition is later revoked, it can create further legal complications.
Experts have advised the worker’s employer to file a wage amendment immediately. Without corrective action, the worker’s H-1B status and work authorisation may ultimately be revoked.
