If I get fired, can the company cancel my petition without me knowing?

The H-1B visa is a temporary category that allows foreign professionals to work in the United States, always tied to a sponsoring employer. Therefore, the relationship between the employee and the company is a crucial factor for maintaining this status.

If you are fired, it is important to understand how this change in your situation can affect the validity of your visa. In general, the H-1B petition is intrinsically linked to the job offer that supported it. Thus, if termination occurs, the company has the right to withdraw the petition with immigration services. This means that, from a legal point of view, the company can request the cancellation of your petition because the basis – that is, the job offer – no longer exists.

Although, in many cases, the employer notifies the employee about this decision, there is no rule that formally obliges the company to inform the worker about this withdrawal process. It is worth noting that the withdrawal or cancellation of the petition does not happen automatically or without records; the US Immigration Department keeps all procedures documented.

Given the strict regulatory environment and the importance of following all immigration laws, it is advisable to seek specialized guidance as soon as there is any change in your employment status. This support can help analyze possible alternatives, such as seeking another position that allows visa transfer or exploring other immigration categories.

In any situation of change in the employment relationship, it is essential to act cautiously and be alert to scams or miracle promises circulating on the internet. Relying on experienced and recognized companies or professionals in the sector can make a difference for making a well-informed and safe decision. Always remember to monitor your obligations and deadlines to keep your status regularized with the US authorities. Staying informed and consulting reliable sources can prevent unpleasant surprises, ensuring that your rights are respected while you continue your professional journey in the United States.

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.