Can the employer cancel the petition before approval?

Yes. The employer can withdraw or cancel the H-1B petition at any time, including before final approval by USCIS. Because it is the employer who files the H-1B petition, the decision to proceed or not with the process rests with them.

This cancellation can occur for a number of reasons, such as a change in hiring needs, internal restructuring, or questions about the role or the candidate’s profile. Once the petition is withdrawn, the beneficiary’s process is also terminated, and the beneficiary does not gain any right to the approval that was pending.

For the candidate, this means it is worth understanding the situation and the available alternatives if the petition is canceled. For the employer, acting within USCIS guidelines helps avoid complications down the road.

If you are the beneficiary of a canceled petition or are facing this possibility, the safest course of action is to seek specialized guidance and review the options applicable to your case with the official source (USCIS).

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.