H-1B Notice of Intent to Revoke (NOIR): What Triggers It After a Site Visit and How the 30-Day Response Works
A NOIR is not a revocation yet. See what a site visit can trigger, who answers the 30-day notice, and what a revoked petition does to your status.
An H-1B notice of intent to revoke (NOIR) is a USCIS letter telling your employer that it plans to take back a petition approval it already granted, on what grounds, and how long the employer has to answer. Under 8 CFR 214.2(h)(11)(iii), the employer, not you, may submit rebuttal evidence within 30 days of receiving the notice, and the petition stays approved until USCIS decides. After a site visit, the usual triggers are a worksite move without an amended petition, duties or pay that do not match the filing, or an officer not finding you where the petition says you work.
Status line, as of November 1, 2026: the NOIR procedure is in effect, and the worker 60-day grace period still applies; DHS's plan to eliminate it (RIN 1615-AD22) is only proposed, with comments closing 2026-11-10. The "Reforming the H-1B" proposal (RIN 1615-AD00) has been under OIRA review since 2026-08-24 with no public text, and Executive Order 14431 (layoffs as an H-1B factor) is in effect as a directive, with no implementing guidance found and no automatic denial.
What is an H-1B notice of intent to revoke?
An H-1B notice of intent to revoke is a formal USCIS notice to the petitioning employer that gives the detailed grounds on which USCIS believes an approved I-129 petition should be revoked, and the time allowed for rebuttal. The employer may answer with evidence within 30 days of receipt. The approval stays in place until USCIS decides.
The current text of 8 CFR 214.2(h)(11)(iii)(B) reads: "The notice of intent to revoke shall contain a detailed statement of the grounds for the revocation and the time period allowed for the petitioner's rebuttal." USCIS must then "consider all relevant evidence presented" and may revoke in whole or in part; a partial revocation leaves the rest approved, with a revised approval notice to the employer. The same paragraph lets USCIS revoke "at any time, even after the expiration of the petition."
Of the eight grounds listed in (h)(11)(iii)(A), four line up with what a site-visit officer checks:
- you are no longer employed "in the capacity specified in the petition";
- the petition or labor condition application (LCA) was "not true and correct, inaccurate, fraudulent, or misrepresented a material fact";
- the employer violated the terms and conditions of the approved petition;
- the employer "failed to timely file an amended petition" for a material change.
How is a NOIR different from automatic revocation, an RFE or a NOID?
A NOIR is the "revocation on notice" path. Automatic revocation under 8 CFR 214.2(h)(11)(ii) ends the approval at once, with no notice, when the employer goes out of business, files a written withdrawal, has its LCA revoked by DOL, or tells USCIS you no longer work there.
H-1B notices compared (as of 2026-11)
| Notice | When it is issued | Response window | If the outcome is adverse |
|---|---|---|---|
| Request for Evidence (RFE) | Petition pending | Set in the notice; 12 weeks maximum under PA-2026-05 | Denial can be appealed or a motion filed |
| Notice of Intent to Deny (NOID) | Petition pending | Capped at 30 days under PA-2026-05 | Denial can be appealed or a motion filed |
| Notice of Intent to Revoke (NOIR) | Petition already approved | 30 days from receipt, 8 CFR 214.2(h)(11)(iii)(B) | Revocation on notice can be appealed, 8 CFR 214.2(h)(12)(ii) |
| Automatic revocation | Withdrawal, closure, LCA revoked, employer reports you left | None | "Automatic revocations may not be appealed" |
On an H-1B petition, all three notices go to the petitioner, not the worker. PA-2026-05 (in effect since 2026-08-05, challenged in AAUP v. Mullin) covers pending requests; our reading is that it does not touch the NOIR, which the regulation itself requires before revoking an approval on notice.
What triggers a NOIR after a site visit?
A site visit is a fact check. If what the officer finds does not match the petition and LCA, and the gap fits one of the grounds above, a NOIR can follow. USCIS says it picks ASVVP site visits at random and targeted (TSVVP) visits through a data-driven process; either way, a visit is not an accusation, and not every visit leads to a notice.
Under 8 CFR 214.2(h)(4)(i)(B)(2), USCIS may inspect "the location where the beneficiary works, has worked, or will work, including third party worksites," before or after approval, and may interview people without the employer present. The USCIS Administrative Site Visit and Verification Program page says officers confirm "the beneficiary's work location, physical workspace, hours, salary and duties." Our guide to what happens during a USCIS H-1B site visit covers the visit itself; this one starts where it ends.
USCIS said on 2026-10-29 that it has taken 2.2 million enforcement actions since 2025-01-20, counting status revocations and terminations; the total has no H-1B or site-visit breakdown and is not a deportation count.
Worksite change without an amended petition
Under 8 CFR 214.2(h)(2)(i)(E)(2), a move to a place that needs a new LCA is a material change, and the amended petition "must be properly filed before the material change(s) takes place." A move within the same area of intended employment on the existing LCA generally needs no new petition if nothing else changes, and short placements totalling 30 days or less in a year (60 in some cases) are carved out. Our reading: the test follows where you actually work, so working remotely from a home in another metro area raises the same question. Our explainer on return-to-office moves and LCA amendments walks through the area test.
Duties or wage that do not match the filing
Different work from the petition's job description, or pay below the wage on the certified LCA, can support the "capacity specified" or "violated terms and conditions" grounds. A wage shortfall can also draw in the Department of Labor's Wage and Hour Division.
You were not at the site, or the client would not cooperate
This is the third-party-worksite case the regulation names. If the client manager does not know you, or says you left months ago, the petition no longer describes reality. And if USCIS cannot verify facts, "including due to the failure or refusal of the petitioner or a third party to cooperate," that alone "may result in denial or revocation" for H-1B workers at that location.
Who responds to a NOIR, you or your employer?
Your employer does. The regulation says "the petitioner may submit evidence in rebuttal," and 8 CFR 103.3(a)(1)(iii)(B) says an affected party "does not include the beneficiary of a visa petition." Nothing in the NOIR rule requires USCIS or your employer to send you a copy, so if a site visit is followed by silence, ask HR in writing.
Your role is still real: you often hold the best evidence of where you worked and what you did. Because the employer's attorney represents the employer, questions about a transfer, the grace period or your H-4 family belong with your own licensed immigration attorney.
USCIS has a fairness duty too. Under 8 CFR 103.2(b)(16)(i), with limited exceptions, an adverse decision based on derogatory information the petitioner does not know about requires USCIS to say so and offer "an opportunity to rebut the information." With the "detailed statement" rule, that is why a NOIR should tell the employer what the officer found.
How does the 30-day NOIR response work?
The petitioner has 30 days from receipt to submit rebuttal evidence, and the notice states the deadline. The regulation sets no extension procedure, so the response is planned against the printed date.
Under USCIS's definition-of-day policy (PA-2026-15), in effect since 2026-10-23, a day-counted paper deadline that ends on a weekend or federal holiday is met by the next business day; online submissions never roll. Our reading is that this covers a paper NOIR rebuttal, but no one should plan around it.
Depending on the grounds, the employer's attorney may ask you for pay stubs and W-2s, timesheets or client approvals, your address history and any written remote-work approval, the client statement of work or a client letter, and possibly a signed declaration. Every document must be what it appears to be: a record made later to look older, or an untrue declaration, turns a compliance problem into a misrepresentation problem.
What can happen after the response?
- Rebuttal accepted: the petition stays approved.
- Revoked in part: the rest stays approved, with a revised approval notice.
- Revoked in whole: the employer may appeal on Form I-290B "within 30 days after service of the decision" (8 CFR 103.3(a)(2)(i)); the I-290B page says 33 calendar days if USCIS mailed the decision. The general filing fee is $800 on the G-1055 fee schedule, edition 10/26/26. The I-290B page notes, "Generally, only an applicant or petitioner may file an appeal or motion."
- Employer withdraws instead: that is an automatic revocation, immediate and not appealable.
- No response: USCIS decides on the record, with the officer's findings unrebutted.
Ask your attorney whether a pending appeal changes your status or work authorization; do not assume it does.
A worked NOIR timeline (hypothetical dates)
The facts below are invented; the rules are current as of 2026-11-01.
Hypothetical NOIR timeline (as of 2026-11)
| Date | Event | Rule that applies |
|---|---|---|
| 2026-03-02 | Petition approved for a client site in Columbus, Ohio, on a Columbus-area LCA | Approval fixes worksite, duties, wage |
| 2026-06-15 | Client allows remote work; worker moves to Dallas; no amended petition filed | Amendment needed before the move, 8 CFR 214.2(h)(2)(i)(E)(2) |
| 2026-10-06 | FDNS officer visits the Columbus site; worker absent; manager says Texas since June | 8 CFR 214.2(h)(4)(i)(B)(2) |
| 2026-11-02 (Mon) | NOIR issued to the employer citing capacity, terms and amended-petition grounds | 8 CFR 214.2(h)(11)(iii)(A) |
| 2026-11-04 (Wed) | Employer receives the NOIR; 30-day clock starts | 8 CFR 214.2(h)(11)(iii)(B) |
| 2026-11-10 (Tue) | Comments close on the proposal to end the worker grace period (proposal only) | RIN 1615-AD22 |
| 2026-12-04 (Fri) | Last day for the rebuttal, 30 days after receipt | Printed deadline governs |
| After decision | If revoked on notice, 30 days after service (33 if mailed) to appeal on Form I-290B | 8 CFR 103.3(a)(2)(i) |
The worker cannot file the rebuttal, but can hand over records in the first week and get independent advice long before 2026-12-04.
Can you transfer your H-1B after receiving a NOIR?
Procedurally, often yes: a NOIR is not a revocation, so a new employer can file while the old approval stands. The harder question is how USCIS reads your history. Portability under 8 CFR 214.2(h)(2)(i)(H) lets you start new work when a nonfrivolous petition is filed if you were lawfully admitted in H-1B status, the petition is filed before your authorized stay ends, and you have "not been employed without authorization" since your last admission. An extension of stay also needs evidence you maintained status, such as pay stubs, W-2s and work orders (8 CFR 214.1(c)(6)).
That is where the NOIR grounds bite. Outside portability, a worker "is not authorized to work under the materially changed terms" until an amended petition is approved and takes effect, so a NOIR saying you worked at an unapproved location raises a maintenance-of-status question. One possible result is a new petition approved with the extension of stay denied, which generally means leaving the United States and getting a visa abroad before working on the new approval.
So give the new employer's counsel the NOIR and the facts before anything is filed; our step-by-step H-1B transfer guide covers the sequence after that. Talk to an attorney before any trip abroad, too: if the petition is revoked while you are away, the approval you planned to re-enter on is gone.
What happens to your status if the H-1B is revoked?
Your H-1B status rests on the approved petition, so a revocation removes its basis. What follows depends on the grounds, the decision's terms and whether a grace period applies.
Does the 60-day grace period apply after a revocation?
8 CFR 214.1(l)(2) protects H-1B workers and dependents "solely on the basis of a cessation of the employment" for up to 60 consecutive days or until the validity period ends, whichever is shorter, once per validity period. It adds: "DHS may eliminate or shorten this 60-day period as a matter of discretion."
Our reading: the protection is built around employment ending, not a finding that you were out of compliance, so a revocation based on a status problem may not bring the full 60 days. The H-2A and H-2B rules give an explicit 60 days after a petition revocation (8 CFR 214.2(h)(11)(iv)); H-1B has no parallel sentence.
DHS has proposed removing 214.1(l)(2) for H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN workers and dependents (RIN 1615-AD22; about 27,000 comments as of 2026-11-01; comments close 2026-11-10, 11:59 p.m. ET). The current 60 days applies. If finalized as proposed, only the 214.1(l)(1) window of up to 10 days after the petition's end date would remain, and it runs from that end date, not from a revocation. Our explainer on the grace-period proposal tracks it.
If you are on F-1 cap-gap or have H-4 dependents
USCIS's cap-gap page says the cap-gap extension ends automatically if the petition is denied, withdrawn, revoked or rejected, and then gives the standard F-1 60-day grace period, except where the change of status is denied for a status violation, misrepresentation or fraud. That F-1 period is separate from the worker grace period DHS has proposed to end. Tell your DSO at once; our cap-gap explainer covers the basics. H-4 status, and an H-4 EAD based on it, derive from yours, so raise your spouse's work authorization with the attorney. For the wider list of causes that can end H-1B status, see what can cancel or revoke your H-1B while employed.
What is in effect and what is only proposed (as of 2026-11-01)
| Item | Status | What it means for a NOIR |
|---|---|---|
| NOIR procedure, 8 CFR 214.2(h)(11)(iii) | In effect | 30 days from receipt; detailed grounds required |
| Site-visit authority, 8 CFR 214.2(h)(4)(i)(B)(2) | In effect since 2025-01-17 | Inability to verify facts can support revocation |
| Worker 60-day grace period, 8 CFR 214.1(l)(2) | In effect; elimination proposed (RIN 1615-AD22) | Nothing changes unless a final rule is published |
| "Reforming the H-1B Nonimmigrant Visa Classification Program" (RIN 1615-AD00) | Under OIRA review since 2026-08-24 | No text; abstract only |
| EO 14431 (layoffs as an H-1B factor) | In effect as a directive | No implementing guidance found; no automatic denial |
The agenda abstract for RIN 1615-AD00 mentions "providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements," alongside cap-exemption changes; nothing else is public. EO 14431 is in the Federal Register.
What to do in the first week after you learn about a NOIR
- Ask HR or the attorney on your employer's Form G-28 for the NOIR's grounds and exact response date, in writing.
- Collect your I-797 approval notice, your latest I-94 from the CBP I-94 website, and a copy of the certified LCA from HR.
- Compare the worksite, duties and wage on those documents with your actual work since approval, listing every move or role change with dates.
- Send pay stubs, W-2s, timesheets and client records to the employer's attorney, keeping copies.
- Book a consultation with your own licensed immigration attorney about the grace period, a possible transfer and your H-4 family.
- Contact your DSO the same day if you are in F-1 cap-gap, so your SEVIS record reflects any change.
- Hold travel and resignation decisions until your attorney has read the NOIR.
Common mistakes
Misconception: "A NOIR means my H-1B is already cancelled." Correction: A NOIR states what USCIS intends to do. Under 8 CFR 214.2(h)(11)(iii)(B), the petition stays approved while the employer rebuts, and USCIS must weigh "all relevant evidence presented" before deciding.
- Sending USCIS your own rebuttal. The petitioner submits it; route your evidence through its attorney.
- Confusing a petition revocation with a visa revocation. State revokes visas; USCIS revokes petitions. A revoked visa stamp is not, by itself, a revoked petition or a lost status.
- Assuming a withdrawal is gentler. It is an automatic revocation, effective at once, with no appeal.
- Treating the grace period as guaranteed. It is discretionary and tied to a cessation of employment.
- Quitting the day you hear. If the employer then tells USCIS you no longer work there, that notice automatically revokes the approval.
Frequently asked questions
What is an H-1B NOIR?
A NOIR, or notice of intent to revoke, is a USCIS notice sent to the employer that filed your H-1B petition. Under 8 CFR 214.2(h)(11)(iii) it must give a detailed statement of the grounds USCIS relies on and the time allowed for rebuttal. As of November 1, 2026, the petition stays approved until USCIS actually issues a revocation decision.
Who responds to a NOIR, me or my employer?
Your employer does. The regulation lets the petitioner submit rebuttal evidence, and USCIS appeal rules say the beneficiary of a visa petition is not an affected party. Your role is to give the employer's attorney accurate documents and facts quickly, and to get advice from your own immigration attorney about your status options.
How long is the deadline to respond to a NOIR?
The petitioner may submit rebuttal evidence within 30 days of receipt of the notice, and the notice itself must state the time allowed. The regulation sets no extension procedure. Treat the date printed on your employer's notice as controlling and plan for the response to go in well before it.
Can I transfer my H-1B after receiving a NOIR?
A new employer can file a change-of-employer petition while the old approval still stands, and portability can let you start work on filing if you meet the conditions in 8 CFR 214.2(h)(2)(i)(H). But the new petition does not erase the NOIR, and if the grounds suggest you worked outside your approved terms, USCIS may question whether you maintained status. Have the new employer's attorney review the NOIR before filing.
What happens to my status if the H-1B is revoked?
Your H-1B status rests on the approved petition, so a revocation removes that basis, and H-4 dependents and F-1 cap-gap protection depend on it too. As of November 1, 2026, the 60-day worker grace period still exists and its elimination is only proposed, but it covers a cessation of employment and DHS may shorten or eliminate it as a matter of discretion, so whether it applies after a revocation is a question for an immigration attorney.
Sources
- 8 CFR 214.2, current text (eCFR): (h)(2)(i)(E), (h)(2)(i)(H), (h)(4)(i)(B)(2), (h)(11), (h)(12)
- 8 CFR 214.1, 8 CFR 103.2 and 8 CFR 103.3 (Cornell LII)
- USCIS, Administrative Site Visit and Verification Program
- USCIS, I-290B Notice of Appeal or Motion and G-1055 fee schedule
- USCIS, cap-gap extension for F-1 students
- USCIS policy alerts PA-2026-05 and PA-2026-15
- Federal Register, Eliminating the Discretionary 60-Day Grace Period (RIN 1615-AD22)
- Reginfo.gov, RIN 1615-AD00 and EO 14431 (Federal Register)
- USCIS news release, 2.2 million enforcement actions (2026-10-29)
How we checked this: we read the current eCFR text of 8 CFR 214.2 and 214.1, 8 CFR 103.2 and 103.3, the USCIS site-visit, I-290B, cap-gap and fee pages, the two policy alerts, and the Federal Register and Reginfo entries above on November 1 and 2, 2026.
This is general information, not legal or tax advice; your own NOIR, I-797 and I-94, your employer's attorney, your own immigration attorney and, for F-1 or cap-gap questions, your DSO govern over anything published here.
If a NOIR has you weighing a move to a new sponsor, F1Jobs helps international candidates run a focused search for employers that sponsor H-1B, so your options are ready while the lawyers do their part.