immigration.lawyers.com/ask-a-lawyer/Can-Employer-Revoke-Workers-Green-Card-6083.html
Can Employer Revoke Worker’s Green Card?
Q. If a immigrant nurse already has had a green card 9+ months and is terminated by her employer, can the employer, who petitioned for her green card, get the green card taken away from the nurse by USCIS? The nurse is still under employment part time but by an organization that didn’t petition for her green card. If her green card can be taken away, would this affect that of her spouse and children who immigrated with her?
A.
If the nurse obtained the green card (“LPR”) through the employer, and worked for that employer after the LPR was granted for nine months, and then was fired, it seems to me highly unlikely that the employer would be able to ask the USCIS to revoke the LPR. Typically, I have seen instances where the sponsored employee gets LPR revoked where the employee never had the intention to work for the petitioning employer. That is clear fraud. The general principle that must be adhered to by both parties is that there is a genuine job offer, and the employee has the intent to work for the sponsor. Beyond that, there is no statutory or regulatory time period that the LPR must continue in the employ of the sponsor.
If the LPR is revoked, the spouse and children would also have their LPR revoked. That seems unlikely to happen on these facts, unless there are other circumstances not discussed in your question.
Michael Shane, Immigration Attorney
