My employer won’t renew my H-1B; can I file on my own?

No. The H-1B requires a U.S. employer to act as a sponsor, filing the petition on your behalf with USCIS. There is no pathway for the worker to independently file or renew the visa.

The company is the one that initiates and sustains the process: it documents the need for the position and meets the legal requirements of the petition. If your current employer has decided not to renew, it does not mean the door is permanently closed — it means the renewal through that employment relationship will not happen.

In this scenario, the typical path is to find a new employer willing to hire you. If they are interested, that company can file a new H-1B petition or, when applicable, a portability request, which allows you to transfer your status to the new sponsor, provided the requirements are met.

• The H-1B always requires a sponsoring employer in the U.S.
• The worker cannot petition for the visa independently.
• A new employer can file a petition or use portability.

Because each case has its own details and timelines that matter, it is worth checking the updated rules with USCIS and seeking guidance from a qualified professional before taking action.

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.