EB-1A Green Card Denial and Rejection: Common Reasons and How to Respond
Immigration law is often complex and challenging to navigate. Without proper guidance, the paperwork and legal requirements can feel overwhelming—especially with a highly selective category like the EB-1A green card. If you’ve faced an EB-1A denial or want to avoid that outcome, it is essential to understand the main reasons petitions are rejected or denied and learn what steps you can take if your application has already been refused.
Understanding the EB-1A Green Card
The EB-1A immigrant visa is designed for individuals with extraordinary ability in fields such as science, education, business, athletics, or the arts. It is one of the most prestigious employment-based green cards available, but also one of the most difficult to obtain.
On September 12, 2023, USCIS issued updated policy guidance clarifying what types of evidence may satisfy the EB-1A criteria and how officers evaluate the totality of the evidence. This policy update provides additional examples and reinforces the importance of presenting a strong, well-documented petition.
EB-1A Green Card Requirements
To qualify for an EB-1A, you must show proof of extraordinary ability, typically by demonstrating one of the following:
- Receiving a major international award, such as a Nobel Prize or Pulitzer Prize.
- If you don’t hold such a top-level award, you can still qualify by meeting at least three of ten alternative criteria, which may include:
- Receiving significant national or international prizes or awards.
- Membership in prestigious associations that require outstanding achievements.
- Being selected to judge the work of others in your field.
- Authoring highly influential scholarly articles or publications.
- Having work featured in major trade or media outlets.
- Showcasing artistic work in professional exhibitions or performances.
- Holding leading or critical roles in distinguished organizations.
- Demonstrating commercial success in the performing arts.
- Earning a high salary or remuneration that reflects extraordinary ability.
Ultimately, applicants must prove they are at the top of their profession and intend to continue working in their field in the United States.
Rejection vs. Denial: The Key Difference
Many people confuse rejection with denial, but in immigration law they mean different things:
- Rejection occurs when USCIS does not even review your petition because of filing mistakes, missing documents, or incorrect fees.
- Denial happens after your case has been reviewed but the officer concludes you do not meet the EB-1A eligibility requirements.
A denial is more serious than a rejection and typically requires the help of an experienced immigration attorney at Green Card Link.
Top 4 Reasons for EB-1A Denials or Rejections
1. Errors on the Petition
Simple mistakes such as leaving fields blank, incorrect information, or missing signatures can lead to rejection. To avoid this, it is crucial to carefully review every detail and, ideally, have your petition prepared by immigration attorneys at Green Card Link.
2. Criminal History or Visa Violations
Any U.S. crimes, or in some cases offenses abroad, may disqualify you. Similarly, overstaying or violating visa status can result in bars to re-entry. Cleaning up your record and working with a qualified attorney is essential before filing.
3. Fee Payment Issues
Submitting incorrect fees or bounced checks often leads to rejection. Immigration fees frequently change, making it important to rely on professional guidance to ensure correct payment.
4. Insufficient Qualifications
Submitting incorrect fees or bounced checks often leads to rejection. Immigration fees frequently change, making it important to rely on professional guidance to ensure correct payment.
EB-1A Denial Rates
According to USCIS data, EB-1A petitions face relatively high denial rates. In 2010, for example, 38% of petitions were denied. Some years have seen denial rates exceed 50%. While these numbers fluctuate, they highlight the importance of a strong, well-prepared petition.
What to Do After an EB-1A Denial
If your EB-1A has been denied, you have several options:
- Re-file: If the denial was due to a technical error or missing documents, you may refile with corrections.
- Motion to Reconsider or Reopen: File a legal motion to challenge the decision if new evidence is available or if you believe the officer made an error.
- Appeal: Request review by the Administrative Appeals Office (AAO). However, appeals can be difficult, and the AAO often upholds the original decision.
- Explore Other Green Card Options: Depending on your background, alternatives like the EB-2 National Interest Waiver (NIW) or the EB-5 investor green card may be viable.
How Green Card Link Can Help
The most effective way to prevent EB-1A denial is to work with skilled immigration attorneys at Green Card Link. Our attorneys have extensive experience handling EB-1A petitions, from first-time applications to complex denials and appeals. We know what USCIS is looking for and how to build a persuasive case that meets the agency’s high standards.
Whether you are filing your EB-1A for the first time or seeking to challenge a denial, at Green Card Link, its immigration attorneys will guide you every step of the way.
EB-1A Denial and Rejection: Understanding the Top Reasons and Next Steps
EB-1A Green Card Denial and Rejection: Common Reasons and How to Respond
Immigration law is often complex and challenging to navigate. Without proper guidance, the paperwork and legal requirements can feel overwhelming—especially with a highly selective category like the EB-1A green card. If you’ve faced an EB-1A denial or want to avoid that outcome, it is essential to understand the main reasons petitions are rejected or denied and learn what steps you can take if your application has already been refused.
Understanding the EB-1A Green Card
The EB-1A immigrant visa is designed for individuals with extraordinary ability in fields such as science, education, business, athletics, or the arts. It is one of the most prestigious employment-based green cards available, but also one of the most difficult to obtain.
On September 12, 2023, USCIS issued updated policy guidance clarifying what types of evidence may satisfy the EB-1A criteria and how officers evaluate the totality of the evidence. This policy update provides additional examples and reinforces the importance of presenting a strong, well-documented petition.
EB-1A Green Card Requirements
To qualify for an EB-1A, you must show proof of extraordinary ability, typically by demonstrating one of the following:
- Receiving a major international award, such as a Nobel Prize or Pulitzer Prize.
- If you don’t hold such a top-level award, you can still qualify by meeting at least three of ten alternative criteria, which may include:
- Receiving significant national or international prizes or awards.
- Membership in prestigious associations that require outstanding achievements.
- Being selected to judge the work of others in your field.
- Authoring highly influential scholarly articles or publications.
- Having work featured in major trade or media outlets.
- Showcasing artistic work in professional exhibitions or performances.
- Holding leading or critical roles in distinguished organizations.
- Demonstrating commercial success in the performing arts.
- Earning a high salary or remuneration that reflects extraordinary ability.
- Receiving significant national or international prizes or awards.
Ultimately, applicants must prove they are at the top of their profession and intend to continue working in their field in the United States.
Rejection vs. Denial: The Key Difference
Many people confuse rejection with denial, but in immigration law they mean different things:
- Rejection occurs when USCIS does not even review your petition because of filing mistakes, missing documents, or incorrect fees.
- Denial happens after your case has been reviewed but the officer concludes you do not meet the EB-1A eligibility requirements.
A denial is more serious than a rejection and typically requires the help of an experienced immigration attorney at Green Card Link.
Top 4 Reasons for EB-1A Denials or Rejections
1. Errors on the Petition
Simple mistakes such as leaving fields blank, incorrect information, or missing signatures can lead to rejection. To avoid this, it is crucial to carefully review every detail and, ideally, have your petition prepared by immigration attorneys at Green Card Link.
2. Criminal History or Visa Violations
Any U.S. crimes, or in some cases offenses abroad, may disqualify you. Similarly, overstaying or violating visa status can result in bars to re-entry. Cleaning up your record and working with a qualified attorney is essential before filing.
3. Fee Payment Issues
Submitting incorrect fees or bounced checks often leads to rejection. Immigration fees frequently change, making it important to rely on professional guidance to ensure correct payment.
4. Insufficient Qualifications
Perhaps the most common reason for EB-1A denial is failure to provide convincing evidence of “extraordinary ability.” USCIS officers have discretion in evaluating whether your evidence proves you are among the top few percent in your field. A Green Card Link immigration attorney can strengthen your case by framing your evidence persuasively.
EB-1A Denial Rates
According to USCIS data, EB-1A petitions face relatively high denial rates. In 2010, for example, 38% of petitions were denied. Some years have seen denial rates exceed 50%. While these numbers fluctuate, they highlight the importance of a strong, well-prepared petition.
What to Do After an EB-1A Denial
If your EB-1A has been denied, you have several options:
- Re-file: If the denial was due to a technical error or missing documents, you may refile with corrections.
- Motion to Reconsider or Reopen: File a legal motion to challenge the decision if new evidence is available or if you believe the officer made an error.
- Appeal: Request review by the Administrative Appeals Office (AAO). However, appeals can be difficult, and the AAO often upholds the original decision.
- Explore Other Green Card Options: Depending on your background, alternatives like the EB-2 National Interest Waiver (NIW) or the EB-5 investor green card may be viable.
How Green Card Link Can Help
The most effective way to prevent EB-1A denial is to work with skilled immigration attorneys at Green Card Link. Our attorneys have extensive experience handling EB-1A petitions, from first-time applications to complex denials and appeals. We know what USCIS is looking for and how to build a persuasive case that meets the agency’s high standards.
Whether you are filing your EB-1A for the first time or seeking to challenge a denial, at Green Card Link, its immigration attorneys will guide you every step of the way.