[bcallori]

Hello,

I am a US business with an employee working under H-1B. This employee went to Canada to get his visa stamped and was held up in Canada for a year due to his visa being under "administrative review". Our employee just received an email last week which states:

[B]Based upon the documents you have submitted to us, and the information elicited in your interview with a U.S. consular officer, you do not appear to be qualified for an H1B temporary work permit. Your visa was refused under Section 221(g) of the U.S. Immigration and Nationality Act (INA) as amended. Section 221(g) essentially states that a visa can not be issued to anyone whose application does not appear to the consular officer to meet the INA requirements or of the regulations thereunder.
In accordance with U.S. law and Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Non-Immigrant Worker filed on your behalf has been returned to the U.S. Citizenship and Immigration Services (USCIS) with a memorandum explaining the facts of your case as presented to us at the time of the interview. The U.S. Consulate General in Toronto is no longer handling your case, and under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further detail. The USCIS review process is lengthy. You should not expect an answer during the validity of your petition. If USCIS determines that the information we are providing constitutes sufficient foundation for initiating revocation proceedings, you will be sent a notice of intent to revoke that includes a statement of the facts and evidence, and you will have an opportunity to respond.

Based on the above, if his H1B is revoked, and he is a Canadian citizen, can he work in the US under a TN Visa and then apply for a US green card?

I do not yet know the reason for the pending revocation, but, if the US turned him down for H1-B then would they likely approve a green card for him or let him into the US?

His country of origin is Lebanon and he is currently a Permanent Resident of Canada - he cannot apply for a Canadian Passport until 12/2011 (after 3 yrs as a Canadian permanent resident).

What are his options? Can he continue to work for a US company? And, would he be able to return to the US for business?

Thank you.