I applied for EB-1B but resigned before approval. Is my petition canceled?

The EB-1B is the category for outstanding professors and researchers, and it has one defining characteristic: it requires a permanent job offer from a U.S. employer who acts as the sponsor. Unlike the EB-1A, the employment relationship here is not a minor detail — it is part of the petition’s very foundation.

That is why, if you resign before approval, the element that holds the petition together — the job offer — ceases to exist. In most cases, this leads to a denial or revocation of the petition, because it no longer meets what the category requires. This is not a penalty; it is the direct consequence of the core requirement having disappeared.

• Maintaining the employment relationship with the sponsor is what keeps the petition alive.
• Ending the employment before a decision is reached typically undermines the basis of the petition.
• Every situation has its nuances, and some scenarios call for a case-specific analysis.

Before making any decision that could affect your employment during the process, speak with a specialist and check the updated requirements at the official source (USCIS) to understand the options available for your specific case.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.