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

No. The EB-1B is the EB-1 subcategory for outstanding professors and researchers, and it requires employer sponsorship. The petition is filed by the institution or company offering the position, not by the candidate. If that sponsor withdraws the petition, the EB-1B process cannot continue, because the job offer is precisely what sustains this category.

That does not mean, however, that all paths are closed. Within the EB-1 itself, there is the EB-1A, intended for individuals with extraordinary ability, which allows self-petitioning — that is, the candidate can file on their own, without relying on an employer.

• The EB-1B requires sponsorship: without it, self-petitioning under this track is not possible.
• The EB-1A allows self-petitioning, but operates under its own set of requirements focused on recognition in the field.
• Moving from one track to the other requires a reassessment of the candidate’s profile and available evidence.

Before deciding, it is worth evaluating your profile with a specialist and checking the updated requirements for each subcategory on the official source (USCIS), since each case is analyzed individually.

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.