2 USCIS-PM N.6
A petitioner may request a substitution for one or more members of a group on an approved petition by sending a letter requesting substitution and a copy of the petitioner’s approval notice to a consular officer where the person will apply for a visa or immigration officer at a port of entry where the person will apply for admission.[1] A petitioner may not request substitutions for support personnel; rather, the petitioner must submit a new petition.[2]
If a group is already in the United States performing with approved P-1 classification and the group now needs to add or substitute members, the additions or substitutes should be petitioned for as P-1s. In such instances, the petitioner must provide evidence of the original approval and the required consultation. In situations involving illness or exigent circumstances, USCIS may waive the 1 year relationship requirements.[3]
The petitioner should immediately notify USCIS of any changes in the terms and conditions of employment of the beneficiary that may affect eligibility. USCIS may revoke a petition at any time, even after the validity of the petition has expired.
The approval of an unexpired petition is automatically revoked if the petitioner, or the employer in a petition filed by an agent, goes out of business, files a written withdrawal of the petition, or notifies USCIS that the beneficiary is no longer employed by the petitioner.[4]
When there is no provision that would result in automatic revocation, USCIS may issue a Notice of Intent to Revoke (NOIR) the approval of the petition, such as in cases where:
The beneficiary is no longer employed by the petitioner in the capacity specified in the petition;
The statement of facts contained in the petition was not true and correct;
The petitioner violated the terms or conditions of the approved petition;
The petitioner violated the statutory or regulatory provisions for P nonimmigrant classification; or
The approval of the petition violated the regulations or involved gross error.[5]
The NOIR should contain a detailed description of the grounds for the revocation and the time period allowed for the petitioner’s rebuttal.[6] USCIS considers all relevant evidence presented in determining whether to revoke the petition. A petition that has been revoked on notice may be appealed to the Administrative Appeals Office.[7] A petition that is automatically revoked may not be appealed.
[^ 1] See 8 CFR 214.2(p)(2)(iv)(H).
[^ 2] See 8 CFR 214.2(p)(2)(iv)(H).
[^ 3] See 8 CFR 214.2(p)(4)(iii)(c)(3).
[^ 4] See 8 CFR 214.2(p)(10)(ii).
[^ 5] See 8 CFR 214.2(p)(10)(iii)(A).
[^ 6] See 8 CFR 214.2(p)(10)(iii)(B). For more information on timeframes for Notices of Intent to Revoke, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 10, Post-Decision Actions, Section D, Revocation, Rescission, or Termination [1 USCIS-PM E.10(D)].
[^ 7] See 8 CFR 103.3.