Certain beneficiaries of employment-based immigrant visas, who have filed for their residency but whose applications remain pending, can take advantage of a procedure known as "porting," which permits them to change employers without affecting their pending applications for residency. The new employer effectively substitutes in as the sponsoring petitioner for the former employer who actually filed the immigrant petition on the employee's behalf. The question becomes, if U.S. Citizenship and Immigration Services (USCIS) believes there is grounds for revoking the approved immigrant petition, and the employee has ported to a new employer, who must USCIS notify? The original petitioning employer (with whom the beneficiary/employee no longer has any relationship), the beneficiary/employee, or the new employer/sponsor?
In a published decision, the Second Circuit ruled that notifying the former employer is not sufficient. The court remanded for the District Court to determine f the requisite notice should go the beneficiary/employee, the new sponsor/employer, or both.
The full text of Mantena v. Johnson can be found here: http://www.ca2.uscourts.gov/decisions/isysquery/d2fe6f7c-3e22-435a-b753-bf6dca1fa9bd/1/doc/14-2476_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d2fe6f7c-3e22-435a-b753-bf6dca1fa9bd/1/hilite/