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I filed for EB-1B, but the U.S. company went bankrupt mid-process. What now?

A sponsor's bankruptcy can jeopardize the EB-1B, which does not allow self-petition. The outcome depends on the stage of the process: map your case with a specialist and consider alternatives such as the EB-1A.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 10, 2026
2 min read
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The EB-1B is a category for outstanding professors and researchers of international recognition that depends on sponsorship from a U.S. institution. Because it does not allow self-petition, the sponsor’s stability is a central pillar of the application, and its bankruptcy mid-process creates real complications.

How serious the situation is depends heavily on the stage of your case. If the petition is still pending, the bankruptcy may trigger a review or even a denial, because the job offer or research position is no longer sustainable. If approval had already been granted, the change in employment conditions may also affect the benefits tied to the visa.

The core issue is that, without an active sponsor meeting all requirements, the EB-1B loses the foundation it requires. For that reason, the first step is to map exactly what stage your case is at with a specialist, who can advise whether there is a path to preserve the petition or whether a new strategy is needed.

Depending on your profile, it is worth exploring alternatives such as EB-1A, which allows self-petition for those who demonstrate extraordinary ability, though the evidentiary standard is demanding. Check current requirements with USCIS before deciding on next steps.

Learn more about EB-1

Category
EB-1 Green Card (1st priority)
Requirement
Extraordinary ability
Self-petition
Allowed (no sponsor needed)
Processing
6-18 months
All about EB-1

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.

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I filed for EB-1B, but the U.S. company went bankrupt mid-process. What now?

A sponsor's bankruptcy can jeopardize the EB-1B, which does not allow self-petition. The outcome depends on the stage of the process: map your case with a specialist and consider alternatives such as the EB-1A.

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