A Greenberg Traurig client recently found her H-1B visa revoked by the U.S. Citizenship and Immigration Service without her – or her employer’s – knowledge or consent. A USCIS notice said the employer submitted a withdrawal request, but neither the employer nor her previous attorney who filed her H-1B petition had made such a request. The employee found out about the situation after several months; neither she nor her employer ever received notification of the error.
The GT team got to work preparing a nunc pro tunc H-1B petition for the employee. Nunc pro tunc – Latin for “now for then” – is used in legal contexts to describe a retroactive order or decision.
In this case, the nunc pro tunc petition asked USCIS to reinstate the employee’s H-1B status as if it had never been revoked. The team prepared the petition and submitted it – and USCIS approved the case in 10 days. The client will be able to resume her employment in the United States without any further related issues.
We are happy to assist the employee in resolving this challenging situation, and proud to secure her continued right to work in the United States.