For foreign nationals navigating the employment-based green card process, one of the most unsettling questions is what happens if an employer changes its mind partway through. The short answer is yes, employers generally can withdraw sponsorship at any stage of the process, whether that means pulling a PERM labor certification application, withdrawing an I-140 Immigrant Petition for Alien Worker, or terminating the underlying job offer altogether. Because the employment-based green card process is fundamentally employer-driven (the employer, not the employee, is the petitioner), the employer retains significant control over whether the case moves forward.

The consequences of withdrawal depend heavily on timing. If an employer withdraws a PERM application before it is certified by the Department of Labor, the process simply stops, and the employee typically must start over with a new employer or a renewed effort with the same one. If withdrawal occurs after I-140 approval, the impact depends on how long the petition has been approved. Under longstanding USCIS policy, an I-140 that has been approved for 180 days or more generally remains valid for purposes of retaining the underlying priority date and, in many cases, for portability purposes under section 204(j) of the INA, even if the employer withdraws it or the company goes out of business, so long as the withdrawal or business closure did not occur due to fraud or willful misrepresentation discovered before the 180-day mark. This means an employee who has an approved I-140 in place for over six months and who is eligible to port to a new, same-or-similar job under a pending I-485 may be able to preserve significant elements of their case despite the employer's withdrawal.

Termination of employment raises a related but distinct issue. If a foreign national is terminated before their I-485 (adjustment of status application) has been pending for 180 days, portability protections generally do not apply, and the pending green card process is typically at risk of denial for lack of a continuing valid job offer. Employees terminated after the I-485 has been pending 180 days or more may be able to invoke job portability to a same-or-similar occupation with a new employer, provided the I-140 remains valid and was not revoked due to fraud, willful misrepresentation, or employer error discovered during that window. Given how fact-specific these scenarios can be, employees facing termination or a threatened withdrawal mid-process should seek counsel promptly, as deadlines and evidentiary requirements can be unforgiving.

It is also worth noting that employers have legitimate business reasons for withdrawing sponsorship, restructuring, loss of a funding source, a change in the position, or performance concerns, and withdrawal is not, by itself, evidence of bad faith. That said, employers should be aware that withdrawing a petition after significant reliance by the employee (such as an approved I-140 held for many months) can carry reputational and, in some circumstances, legal consequences, particularly where representations were made to the employee about long-term sponsorship. Employers considering withdrawal should consult with immigration counsel before doing so, both to understand their notification obligations to USCIS and DOL and to evaluate any risk exposure.

Whether you are an employer weighing whether to withdraw a sponsorship or an employee whose case has been disrupted by an employer's decision, the specifics of your situation, priority date, stage of the process, length of I-140 approval, and reason for withdrawal all matter enormously to the outcome. If you have questions about your green card sponsorship, portability options, or an employer's obligations, contact our office at 703-348-1663 to schedule a consultation.

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