In EB-1B, if the employer withdrew the petition, can I self-petition?

The EB-1 visa is an employment-based immigration category divided into subcategories, each with its own specific requirements. In the context of EB-1B, aimed at outstanding professors and researchers, employer sponsorship is fundamental for the petition. This means that, as a rule, the petition is not filed by the individual applicant, but by the institution or company offering the job.

If the employer decides to withdraw the petition under EB-1B, unfortunately you cannot self-petition in the same category, as EB-1B depends exactly on the employment relationship and the job offer that the sponsoring institution must demonstrate. Each visa category has its specific criteria and, in the case of EB-1B, the interruption or withdrawal of the sponsor makes it impossible to continue the process in the modality for which the petition was originally filed.

It is important to emphasize that there are other pathways within the EB-1 category that allow self-petitioning, such as EB-1A, intended for individuals with extraordinary ability in their fields. However, to migrate to this subcategory, it is necessary to meet a different set of requirements, which in many cases can be more stringent and require proof of achievements and recognitions of international or national relevance.

Whenever dealing with immigration issues, it is essential to strictly follow the current laws and be cautious with unverified information, especially offers that promise guaranteed results or processes without detailed analysis of your specific case. Consulting official sources and, if possible, seeking specialized guidance from experienced professionals can prevent complications and ensure that you are aware of all implications and options available for your case.

Finally, the withdrawal of an EB-1B petition by the employer highlights the importance of carefully evaluating your needs and possibilities based on United States immigration rules. Each situation should be analyzed individually, with great attention to detail and backed by the immigration laws in force.

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.