EB-1 Visa Application Denied: What to Do?

If you excel in your profession, you can seek an EB-1 visa in your respected field. However, you’re up against hefty competition since there are more EB-1 immigrant applications pouring in than ever before.

Additionally, the United States Citizenship and Immigration Services (USCIS) guidelines have become even more stringent, making it much more likely that your EB-1 visa application gets denied or rejected.

It’s not a completely lost cause, as there are still ways to make your dreams of living and working in America come true.

Is There a Difference Between a Rejection and a Denial for EB-1 Visas?

While both terms seem similar, they are very different when considering an EB-1 visa petition. If your petition is rejected, it is likely because of a technical error on your application. It has yet to be reviewed by an immigration official. However, if you receive a denial, this means that an immigration officer has reviewed your application, and they have deemed that you do not qualify for this type of green card.

Common Reasons for Denial or Rejection of an EB-1 Visa

Often, the reasons that these applications are rejected or denied are very simple. The most common reason is that there are mistakes in the petition. The information may be incorrect, missing, or inconsistent. A spelling error could make the provided address incorrect, and this would result in a rejection.

Other times, the problem may be issues with the payment of your fees. Some applicants may also have a criminal history in their home country, other countries, or in the U.S.

Additionally, you may be turned down because you don’t meet the qualifications needed for an EB-1 visa.

What Can You Do Next?

Fortunately, you have options that you can try, depending on your situation.

Appeal

If you get a denial on your EB-1 visa application, you can request a review from the Administrative Appeals Office (AAO). They will review your appeal and decide whether or not to uphold the decision or overturn it. You will need to present new evidence to show why your denial should be overturned.

Re-File

If you made mistakes on your application, you will have the option to file a new EB-1 application. This means you have to start the entire process over, including the waiting time and paying the required fees again.

Apply for a Different Category

Are you sure the EB-1 visa is the right one for you? You may lack the qualifications necessary to apply for this type of visa. The EB-1A has the highest requirements, but the EB-2 or another work visa may be a better fit. It’s helpful to speak with an immigration attorney to get the right advice on filing in the proper category.

If you receive an RFE, or Request for Evidence, it simply means that you either did not send all the required items for evidence or those items are no longer valid. Being prompt with your response and submission of evidence is crucial, which is why getting a free legal consultation is the best way to get your case approved.