I applied for the EB-1B, but I resigned before the approval. Is it canceled?

The EB-1B visa is intended for outstanding professors and researchers who have sponsorship from an employer in the United States. Unlike some other visas, it requires a permanent job offer, demonstrating that the employer wishes to keep the candidate as part of the team in the long term. This means the employment relationship is an integral part of the petition.

When the sponsor and you agree on the requirements for the EB-1B, the process is based not only on your talent and achievements but also on the continuity of this professional relationship. If the candidate resigns or the employment relationship ends before the visa approval, there is a direct impact, as the job offer – an essential element of the petition – ceases to exist.

In most cases, this change can result in the revocation or cancellation of the petition, as it no longer meets the EB-1B criteria. However, it is important to analyze each situation individually. There are scenarios in which certain adjustments or measures can be discussed, but generally, maintaining the continuity of the sponsoring employment is crucial for the success of the process.

Therefore, if your resignation occurs before approval, the situation will need to be carefully assessed, considering all the details and implications of your specific case. I emphasize the importance of strictly following United States immigration laws and seeking specialized advice before making any decision that could affect your process. Be wary of miracle promises or marketing campaigns guaranteeing easy and fast results – the right approach is to consult qualified professionals who can properly and safely guide you toward the best alternatives for your situation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.