I filed for EB-1B, but the American company went bankrupt during the process. Now what?

The EB-1B is a category aimed at professors and researchers with international recognition, whose process essentially depends on the sponsorship of an American institution. Therefore, stability and the ability to meet the sponsor’s requirements are key points for the petition’s success.

If the company that filed the petition went bankrupt during the process, it is likely to create significant complications for the case’s progress. Normally, the institutionality and funding of the research or teaching play a crucial role in the petition analysis, and the sponsor’s bankruptcy may indicate they can no longer provide the support required by the visa.

In many cases, the petition can be affected because USCIS evaluates not only the candidate’s excellence but also the robustness and continuity of the work environment the institution offers. In this situation, a detailed analysis of the process stage is essential.

If the petition is still pending, the bankruptcy may lead to a review or even denial of the visa, since the employment contract or research proposal is no longer maintained stably. If, on the other hand, the petition has already been approved, the change in employment conditions may impact the possibility of maintaining the visa benefits.

It is worth noting that the EB-1B category does not allow self-petitioning; therefore, without an active sponsor meeting the current legal requirements, the challenges become considerable.

Given this scenario, it is very important to strictly follow United States immigration laws. A consultation with specialized professionals can help understand the case implications in detail and identify if there is any viable alternative. For example, depending on your profile, other visa types, such as the EB-1A, which allows self-petitioning for individuals with recognized extraordinary ability, may be considered, although this requires meeting specific and high standards of evidence.

Finally, it is essential to be aware of offers or marketing campaigns that promise quick or guaranteed solutions for complex situations like this. Always seek information from official sources and consult specialized advisors to avoid risks and future complications. Keeping the process in compliance with immigration laws is fundamental to protecting your interests and ensuring that the procedures occur correctly.

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.