If my employer goes bankrupt after the I-140 is approved but before the visa, what happens?

We will address this topic clearly and simply to help clarify your doubts. The EB-3 visa is an employment-based immigration category, and an approved I-140 is an important step in this process, as it proves that the employer has demonstrated the candidate’s qualifications for the offered position.

However, if the employer goes bankrupt after the I-140 approval but before the issuance of the final visa, the situation can become complicated. First, it is important to understand that the I-140 is specific to the employer who filed the petition. Therefore, the company’s bankruptcy can affect the continuity of the job offer on which the petition was based. This may have implications when you schedule the next phase, such as adjustment of status (if you are in the United States) or consular processing (for those outside the United States).

Some candidates may try to benefit from portability, a mechanism that allows, under certain conditions, changing employers after the I-140 is approved without restarting the entire immigration process. However, for this option to be available, it is generally necessary that the new job be in the same occupational area and similar to the original position, following very specific rules from the U.S. Immigration Department. This situation may require a new petition or other procedures, depending on the case, and the details vary according to the concrete circumstance and the processing stage.

It is essential to emphasize the importance of strictly following U.S. immigration laws and, in situations involving unexpected changes, seeking specialized and reliable guidance. Remind yourself that campaigns with promises of ease or guaranteed results may pose risks, and consulting specialized professionals – always being careful to avoid scams – is crucial to ensure your rights and expectations are protected.

In summary, the employer’s bankruptcy after I-140 approval can create challenges for the continuity of the process. Each situation has its particularities, and the support of an experienced professional can help find the best strategy to proceed with your case, always respecting the official norms and guidelines of the U.S. immigration system.

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.