INA section 221(i) provides the consular officer or the Secretary of State with discretionary authority to revoke a visa at any time, even after approval and when the visa holder is physically present in the United States. DOS will typically revoke a visa upon receipt of derogatory information (such as an arrest) without the need for a conviction. Per 22 CFR §41.122(c), consular posts should try to notify the visa holder of the revocation although it is not required. If DOS provides notice, the agency typically sends an email to the email address the applicant provided on the Form DS-160.
April 2018 Department of State liaison meeting, the agency confirmed that consulates have discretionary authority per 9 FAM 403.11-3(b) to revoke nonimmigrant visas for visa holders in the U.S. only following a DUI arrest. Visas that are revoked following an arrest for any offense other than DUI are handled by the Visa Office of Screening, Analysis and Coordination (CA/VO/SAC) at DOS headquarters. That office instructs the consulate that issued the visa to notify the nonimmigrant of the revocation.
The Department of State has also confirmed in an April 2015 Department of State liaison meeting that, if a visa holder is in the U.S. and his visa is revoked under INA 221(i), his stay, according to DOS, “does not impact that status,” and the revocation does not require immediate departure from the United States. Nevertheless, the revocation leaves the impacted individual with much uncertainty about their ability to obtain a future visa stamp, and in a perilous situation in continuing to extend their nonimmigrant status within the United States.
The DOS Liaison Committee has received numerous reports of prudential revocation of H-1B visa stamps by Mission India within the last few months, and this issue may have expanded to other consulates.
In light of these reports, AILA’s DOS Committee is tracking prudential revocations. If your client has received a 221(i) visa revocation on or after January 1, 2025, please fill out the Call for Examples on Prudential Visa Revocations.
