A Greenberg Traurig client recently found herself in a difficult situation after her H-1B visa was revoked by the U.S. Citizenship and Immigration Services (USCIS) without her – or her employer’s – knowledge or consent. USCIS sent a notice saying that the employer submitted a withdrawal request, but it turned out that 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 several months later; neither she nor her employer ever received notification of this error.
The GT team quickly got to work on preparing a nunc pro tunc H-1B petition for the employee. Nunc pro tunc – Latin for “now for then” – often is used in legal contexts to describe a retroactive order or decision.
In this case, the nunc pro tunc petition essentially asked USCIS to reinstate the employee’s H-1B status as if it had never been revoked in the first place. The team quickly and thoroughly prepared the petition and submitted it – and USCIS approved the case just after 10 days. This employee now should be able to resume her employment in the United States without any further related issues.
*Past results are not guaranteed.