If it was your goal to legally work in the United States for a U.S. employer but your H-1B petition was withdrawn, you may not know what to do next. Unfortunately, unexpected H-1B petition withdraws before approval is not incredibly uncommon and is something that employers may do for a variety of reasons. When this happens, it can leave you feeling a bit stranded in the immigration process and uncertain of what steps to take next. Keep reading to find out why employers withdraw H-1B petitions and what your options are as a foreign worker.

What is an H-1B Petition?

Foreign workers who wish to come to the United States to work for U.S. employers have several employment-based visa options, including an H-1B visa. An H-1B visa can be granted to foreign professionals in specialty occupations when a qualified U.S. worker cannot be found.

It’s important to understand that an H-1B visa is not the same as a green card. This type of employment-based visa is only temporary and does not provide a direct pathway to permanent citizenship. It is also very dependent on sponsorship from a qualified U.S. employer.

Why Employers Withdraw H-1B Petitions

Having your H-1B petition withdrawn last minute can be very upsetting for foreign workers who are depending on that sponsorship. And unfortunately, this is an option that employers do have and can exercise before your petition is approved.

Here are some common examples of why an employer may withdraw an H-1B petition before it’s processed by the USCIS:

• Business changes: The business may be going through restructuring, or the budget may change, making a foreign worker unsuitable.
• Position changes: The role you were going to fill may also have gone through changes, making it more suitable for a U.S. worker. That, or the position may have been eliminated entirely.

No matter the reason, if an employer decides to withdraw their petition, there is a process they must follow. This includes notifying the USCIS that the employment relationship has ended. Additional steps may be necessary depending on the situation, and the employer may be required to maintain certain wage-related duties to the foreign worker.

What Happens After Withdrawal

As you might expect, when your H-1B employer withdraws their petition, the USCIS will stop processing your case. But the good news is that the consequences of having your petition withdrawn do not automatically take effect. But things will start to pick up quickly, which can result in you no longer being able to live and work in the United States.

In some cases, you may be granted a 60-day grace period to remain in the United States legally after your petition is withdrawn. Keep in mind that this does not grant you permission to continue working since you no longer have a valid employer sponsoring you.

If no further action is taken to find a new sponsoring employer, you will need to plan on leaving the U.S. since you no longer have legal immigration status. But you can speak with an immigration attorney about your options if your goal is to ultimately remain in the United States and you want to be able to work legally.

Options for Foreign Workers

If you wish to remain in the United States, even after having your H-1B petition withdrawn, you do have a few different immigration options. Here are some examples of alternative options you can pursue so that you can legally stay and work in the U.S.:

• New sponsorship: The most straightforward solution foreign workers use is to obtain sponsorship from a new employer. This is something you can initiate very quickly after having your petition withdrawn by finding a new qualified employer and having them file a petition on your behalf.
• Alternative visas: An H-1B visa is just one of many employment-based immigration options, so you could always choose to apply for an alternative visa. For example, some foreign workers may qualify for an O-1 visa, which is an employment visa based on extraordinary ability.

Another option, although less predictable, is to re-enter the H-1B lottery for your chance to get a visa.

No matter what option you choose, it’s strongly recommended that you get the help of an immigration attorney. An attorney can help you better understand what the best alternative immigration option is if your H-1B petition has been withdrawn before approval.

It’s also essential that you maintain legal presence in the United States until an alternative immigration option is found. To do this, you may need to request a 60-day grace period that allows you to evaluate your options or make arrangements to go back home. Or you can file for a B-2 visa, which is a temporary visa usually used for tourism that will also buy you some time to find an alternative immigration solution.

Hire an Immigration Attorney Today

Are you trying to figure out what to do after having your H-1B sponsorship canceled? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!

FAQ Section

Can another employer take over a withdrawn H-1B petition?

Not usually. After a petition is withdrawn by your original sponsoring employer, that petition is not considered to be valid anymore. However, if you can find a new employer to sponsor you, they can file their own H-1B petition.

Will a withdrawal affect future H-1B applications?

Usually not, but it will depend on the reason for withdrawal. All the reasons we have discussed above will not affect your future H-1B petitions. But if the withdrawal was due to fraud or eligibility issues, this could be a possibility.

Can I stay in the U.S. if my petition is withdrawn?

You won’t usually have to leave the U.S. immediately after your petition is withdrawn; however, this can depend on your current immigration status. You may be able to get a 60-day grace period from the USCIS that will give you time to begin the process of applying for a different type of visa.