What happens depends on how far the case has progressed. If the employer withdraws early, the case usually ends. If the I-140 was already approved, the priority date may sometimes be kept, but a new employer generally means a new job offer and new filings. Keep your documents, ask what comes next, and confirm everything with an immigration attorney.
Nobody likes to think about it, but an EB-3 case depends on one specific employer, and employers can change their plans. A business may close, be sold, cut staff or simply decide not to continue. This article explains, in general terms, what can happen to your case and what you can do. Every case is different, and nothing here is legal advice or a promise of any outcome. Please confirm your own situation with an immigration attorney.
Why the employer matters so much
In EB-3 Other Workers, the employer is the sponsor. It offers the job, completes the PERM labor certification process with the U.S. Department of Labor, and then files the I-140 immigrant petition with USCIS. Only after that, and when your priority date is current, does the green card stage begin. You can read the steps in our guide to how PERM works. Because the certification and petition are tied to a specific job, the sponsor's decision to continue matters at every stage.
What can happen at each stage
| Stage | If the employer withdraws or closes |
|---|---|
| Before or during PERM | The labor certification process usually stops. A new employer would generally have to start its own process. |
| I-140 filed but not yet approved | If the employer withdraws the petition, or the business no longer exists, USCIS can deny it. The case normally ends. |
| I-140 approved | The employer can still withdraw it. In some situations the priority date from an approved petition can be kept for a later petition from another employer, but that is not automatic and has conditions. |
| Later stages | Special "portability" rules can apply in limited cases, mainly for people already in the United States with a pending adjustment of status application for 180 days or more. They generally do not help someone who is still overseas. |
These are general descriptions only. Whether a priority date can be retained, whether a petition stays valid, and whether a new employer can use any earlier work all depend on the exact facts, so ask the attorney of record in writing.
What the sponsor is responsible for
A sponsoring employer must offer a genuine, full-time, permanent job at no less than the wage the Department of Labor sets for it, and it must be able to pay that wage. Under the labor certification rules, the employer also pays the costs of the PERM process itself; see who pays EB-3 costs. If an employer withdraws, you should not be asked to pay to "fix" the problem or to keep a position alive.
What you should do
- Ask for a written explanation and the date of any withdrawal or closure.
- Keep copies of the job offer, receipt notices, approval notices, your passport, and every message with the employer and the attorney. Record dates and what was said.
- Ask the attorney of record what stage the case reached, whether an I-140 was approved, and what your priority date is.
- Do not pay anyone who promises to "transfer" or "rescue" the case. Check any new offer with our guide on telling a real employer from a scam.
- Keep your documents up to date, including your passport and civil records, so you are ready if a new opportunity arises.
What Global Immigrate commits to
Our stated policy is that candidate payments to us are tied to government milestones. If an employer withdraws, we will re-match you with another verified employer or refund the unused portion of the service fee. We cannot guarantee that a new employer will be found, how long it will take, or that a visa will be issued, because those decisions are made by employers, the U.S. government and your attorney. Read the experiences on our stories page, or contact us if your employer has changed its plans and you want to understand your options.
Official sources
- USCIS, Form I-140, Immigrant Petition for Alien Workers
- U.S. Department of Labor, Office of Foreign Labor Certification: PERM
- 20 CFR 656.12, Improper commerce and payment
More articles
- October 2026 Visa Bulletin: what it means for EB-3 Other Workers
- EB-3 unskilled costs: what the employer pays and what you pay
- Born in Taiwan or Hong Kong? How country of birth affects your EB-3 wait
- Who qualifies for EB-3 Other Workers (unskilled) sponsorship?
- PERM labor certification, step by step: what happens and who does what
- Who pays for EB-3? What the employer must cover and what you normally pay
- Real EB-3 employer or scam? How to check before you pay anything
- EB-3 unskilled jobs: typical duties, how wages are set and how to read a listing
- Can my spouse and children come too? How EB-3 family members are included
- Consular processing or adjustment of status: which route applies to EB-3 workers abroad?
- The immigrant visa medical exam and interview: what to expect and what to bring
- Living costs by state: how to think about rent, transport and food on an EB-3 wage
- Can I change jobs after the green card? The intent-to-work principle and job portability
- English and job training for EB-3 unskilled workers: what you need and how to prepare
- Your rights as a green-card worker in the US: minimum wage, overtime, safety and where to complain
- Why EB-3 cases get delayed or refused: common reasons and what you can control
- EB-3 vs EB-2: what changes if your qualifications go up, and what happens to your priority date
- Warning signs in recruiter promises: what to question before you pay or travel
- Your first 90 days in the U.S. after arriving on an immigrant visa