Who can withdraw an H-1B petition?

The party who can withdraw an H-1B petition is the employer that filed it. Under this visa structure, it is the sponsoring company, not the beneficiary professional, that holds the right to withdraw the petition.

The H-1B petition is the process through which a U.S. employer requests authorization from USCIS to hire a foreign worker in a specialty occupation. Since the company is the one that files the petition, it is also the company that can withdraw it.

This has some practical consequences:

• The beneficiary (the professional) cannot withdraw the petition on their own.
• The withdrawal is typically handled by the employer’s legal department or an authorized representative.
• The decision can directly affect the worker’s status, so it warrants careful attention.

If you are facing this situation, it is worth understanding the full implications before taking any steps and seeking updated guidance from USCIS or an immigration specialist, and avoiding anyone who promises guaranteed outcomes.

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.