My employer does not want to renew the H-1B; can I apply alone?

The H-1B visa is a benefit that directly depends on an employer in the United States. This means that, in order to obtain or renew it, it is necessary for a U.S. company or institution to act as a sponsor in the process, submitting the petition to the U.S. Citizenship and Immigration Services (USCIS).

If your current employer has decided not to renew your H-1B, unfortunately, there is no way for you to ”apply alone” for this visa. The H-1B visa process is always initiated by the company that will hire or continue to employ the foreign professional, as the employer is the one who formulates the need for the position and complies with all legal requirements at the time of petition.

However, if you find yourself in a situation where your current employer does not wish to renew the visa, it may be worthwhile to seek new opportunities. If another employer in the U.S. is interested in hiring you, they must file a new H-1B petition or, if applicable, submit a portability request for you. This process allows the transfer of your H-1B status to the new sponsor, provided all legal requirements are met.

It is essential to strictly follow the immigration laws of the United States and stay attentive to information from official sources. Consulting specialized immigration professionals can help clarify doubts and prevent possible scams or unfounded promises that circulate in marketing campaigns. After all, each case has particularities that need to be carefully analyzed to ensure all procedures are carried out correctly.

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.