If you’re a foreign worker in the United States 🇺🇸 pursuing permanent residency, the Form I-140 (Immigrant Petition for Alien Workers) is a major step in your green card journey. But what happens if your employer decides to withdraw your I-140? As of July 22, 2025, the rules around employer withdrawal of an approved I-140 are clear, but the impact on your immigration status depends on several important factors—especially the timing of the withdrawal. Here’s a detailed update on what’s changed, who is affected, what actions you need to take, and what these rules mean for your future in the United States 🇺🇸.
Summary of What Changed
The most important update is that the protections for workers whose I-140 petitions have been approved for at least 180 days remain strong as of mid-2025. The U.S. Citizenship and Immigration Services (USCIS) has reaffirmed that if your I-140 has been approved and valid for 180 days or more, your employer’s withdrawal will not automatically revoke your petition. This means you can still use your I-140 for certain immigration benefits, even if your employer no longer supports your green card process.
Who Is Affected by These Rules?
These rules affect:
- Foreign workers with an approved Form I-140 petition
- H-1B visa holders seeking extensions beyond the six-year limit
- Spouses of H-1B workers applying for H-4 Employment Authorization Documents (EADs)
- Workers planning to change jobs during the green card process
- Employers who have sponsored foreign workers for permanent residency
If you’re in any of these groups, understanding the I-140 employer withdrawal rules is essential for planning your next steps.
Effective Dates and Policy Updates
The current protections and procedures are effective as of July 22, 2025. USCIS clarified these rules in a July 2025 policy update, confirming that the 180-day rule is still in place and that there have been no recent changes weakening these protections. Technical updates in June 2024 also reinforced these points.
Key Details: How Employer Withdrawal Works
1. Employer’s Right to Withdraw I-140
Employers can withdraw an approved I-140 at any time by sending a written request to USCIS. This request must include:
- A clear statement of withdrawal
- The I-140 receipt number
- Details about the petitioner (employer) and beneficiary (worker)
- The signature of the employer or their legal representative
Once the withdrawal is submitted, the employer is no longer responsible for the worker’s green card process. However, the effect of this withdrawal on the worker depends on how long the I-140 has been approved.
2. The 180-Day Rule: Timing Is Everything
The most important protection for workers is the 180-day rule. Here’s how it works:
- If your I-140 has been approved and valid for at least 180 days:
- USCIS will not revoke your petition just because your employer withdraws it.
- You can use your I-140 for H-1B extensions beyond the six-year limit.
- You can keep your priority date for future green card petitions.
- Your spouse can use your I-140 approval to apply for an H-4 EAD.
- If your employer withdraws the I-140 before 180 days have passed:
- USCIS will revoke your petition.
- You lose the ability to use the I-140 for H-1B extensions, H-4 EADs, and green card portability.
- You may still keep your priority date unless the petition is revoked for fraud or misrepresentation.
3. Impact on Green Card Process and Job Portability
The 180-day rule also affects your ability to change jobs during the green card process:
- If your I-140 is approved for 180 days or more:
- You can change jobs and still use the approved I-140 to continue your green card process with a new employer, as long as the new job is in the same or similar field. This is known as “portability” under INA 204(j).
- Your priority date remains valid for future green card petitions, unless USCIS finds fraud or misrepresentation.
- If your I-140 is withdrawn before 180 days:
- You cannot port your green card process to a new employer using that petition.
- You must start the green card process from the beginning with a new employer.
4. Employer’s Obligation to Notify
Employers are not required to tell you before they withdraw your I-140 petition. This means you might not know right away if your petition has been withdrawn. To stay informed, you should:
- Regularly check your case status on the USCIS I-140 page
- Consider filing a Freedom of Information Act (FOIA) request if you need official confirmation of your petition’s status
5. Recent Policy and Procedural Updates (2024-2025)
USCIS has made it clear in recent updates that:
- Withdrawal requests made after 180 days of I-140 approval, or after 180 days of a pending I-485 adjustment of status application, will not result in revocation of the I-140 for portability purposes.
- The withdrawal of the job offer is considered, but the I-140 remains approved unless there is fraud or another serious issue.
- There have been no changes to weaken the 180-day rule or portability protections as of mid-2025.
6. Practical Implications for Beneficiaries
Depending on when your employer withdraws your I-140, the effects on your immigration status can be very different:
If your employer withdraws your I-140 within 180 days of approval:
- You lose the ability to extend your H-1B status beyond six years based on that petition.
- You cannot use the I-140 for your spouse’s H-4 EAD.
- You cannot continue your green card process with a new employer using that petition.
- You may need to start the green card process from scratch with a new employer.
If your I-140 has been approved for more than 180 days:
- You can continue to use the approved I-140 for H-1B extensions and H-4 EADs.
- You can change jobs under AC21 portability rules without losing your green card eligibility, as long as the new job is in the same or similar field.
- Your priority date remains valid for future petitions.
If your employer does not withdraw the I-140 after you leave:
- The petition remains valid, which can be helpful if you return to that employer or use the priority date for a new petition.
7. Expert Perspectives and Legal Guidance
Immigration attorneys stress that the 180-day threshold is a key protection for foreign workers. It gives you more job flexibility and security during the green card process. Experts recommend:
- Monitoring your I-140 status closely, especially if you plan to change jobs before the 180-day mark.
- Consulting with an immigration lawyer if your employer withdraws your petition or if you’re unsure about your next steps.
8. Background and Historical Context
The 180-day rule and job portability provisions come from the American Competitiveness in the Twenty-First Century Act (AC21), passed in 2000. This law was designed to give foreign workers more flexibility in the U.S. job market and to help them avoid being stuck with one employer during the long green card process.
USCIS has consistently supported these protections, and there have been no major changes or rollbacks in recent years. The rules are meant to balance the needs of both employers and foreign workers, making sure that workers are not left in a difficult position if their job situation changes.
9. Future Outlook
As of mid-2025, there are no announced changes that would weaken these protections. USCIS continues to update filing procedures for I-140 petitions, especially with the Department of Labor’s FLAG system for labor certifications, but these changes do not affect the withdrawal rules.
Stakeholders—including workers, employers, and immigration lawyers—are watching for any new laws or regulations that might impact these protections. For now, the 180-day rule and related benefits remain in place.
10. Official Resources and Next Steps
If you want to check the status of your I-140 or learn more about the process, you can visit the official USCIS I-140 page. This page has up-to-date information and instructions for checking your case status, filing procedures, and more.
For detailed instructions on how to file or withdraw an I-140, you can also visit the USCIS Petition Filing Procedures for Form I-140.
If you need to make a FOIA request to verify your case status, information is available on the USCIS FOIA page.
Actionable Takeaways for Workers
- Track your I-140 approval date: The 180-day mark is critical. Make sure you know exactly when your petition was approved.
- Monitor your case status: Since employers are not required to notify you of withdrawal, check your status regularly on the USCIS website.
- Plan job changes carefully: If you want to change jobs, try to wait until your I-140 has been approved for at least 180 days to keep your green card process on track.
- Consult legal help: If your employer withdraws your I-140 or if you’re unsure about your options, talk to an immigration lawyer for advice tailored to your situation.
- Keep records: Save all documents related to your I-140, including approval notices, withdrawal notices, and any communication with your employer or USCIS.
Implications for Pending Applications
If you have a pending I-485 adjustment of status application and your I-140 has been approved for at least 180 days, your application is generally safe even if your employer withdraws the I-140. You can still change jobs under the portability rules, as long as the new job is similar to your original position.
If your I-140 is withdrawn before the 180-day mark and your I-485 is still pending, your green card application could be denied. In this case, you may need to start the process over with a new employer.
What Employers Should Know
Employers should understand that withdrawing an I-140 petition removes their responsibility for the worker’s green card process. However, if the petition has been approved for more than 180 days, the worker may still use the I-140 for certain benefits, and the employer’s withdrawal does not automatically end the worker’s eligibility for H-1B extensions or green card portability.
Where to Find More Information
For the most current and official information, always refer to the USCIS I-140 page. This resource provides detailed guidance on filing, withdrawal, and checking your petition status.
As reported by VisaVerge.com, these protections are a cornerstone of the U.S. employment-based immigration system, giving foreign workers more security and flexibility as they move through the green card process.
Conclusion
The rules around I-140 employer withdrawal are designed to protect foreign workers and give them more control over their immigration journey. The 180-day rule is the key factor: after this period, your I-140 remains valid for important benefits even if your employer withdraws support. There have been no recent changes weakening these protections, and USCIS continues to support worker flexibility and job mobility.
If you’re affected by these rules, stay informed, keep good records, and seek legal advice when needed. By understanding your rights and responsibilities, you can make better decisions about your future in the United States 🇺🇸.
For more details and official updates, visit the USCIS I-140 page and consult with a qualified immigration attorney if you have questions about your specific case.
Learn Today
Form I-140 → Immigrant Petition for Alien Workers, a key step in employment-based green card applications.
USCIS → U.S. Citizenship and Immigration Services, the agency managing immigration benefits and petitions.
H-1B Extensions → Visa extensions allowing specialized workers to remain in the U.S. beyond six years.
Portability → The ability to change employers during green card process under INA 204(j) without losing priority dates.
FOIA Request → Freedom of Information Act request to obtain official immigration case status records.
This Article in a Nutshell
If your employer withdraws your approved I-140 petition, your immigration rights depend on the 180-day rule, protecting extensions and job changes after that period.
— By VisaVerge.com
