EB-1C Denials: Common Reasons and How to Avoid Them
Must-Know Facts About EB-1C Denials
Many applicants assume that an EB-1C petition is straightforward, but even highly qualified cases can be denied. Some of the most common reasons include:
- Inconsistent or inaccurate information on forms
- Past immigration violations or criminal history
- Lack of proper qualifications or work experience
- Inability of the employer to prove financial ability to pay wages
- Job descriptions that do not clearly meet executive or managerial standards
- Administrative errors, such as insufficient filing fees
While the EB-1C denial rate remains relatively low at around 3%, the impact of a denial can be devastating. Fortunately, applicants may have options such as refiling, appealing, or filing a motion to reopen—with each step requiring a strong legal strategy and carefully prepared evidence.
Don’t Risk an Avoidable EB-1C Denial
Even strong EB-1C petitions can fail without the right approach. At Green Card Link, its immigration attorneys know exactly what USCIS is looking for and how to present your case persuasively. A denial doesn’t have to be the end of your journey. Book a consultation with an immigration attorney at Green Card Link to protect your future.
EB-1C Green Card Overview
The EB-1C is an employment-based immigrant visa reserved for executives and managers of multinational companies with offices in the United States. It provides a pathway to lawful permanent residency for qualified candidates who have been employed abroad and are being transferred to a U.S. branch, subsidiary, or affiliate.
Advantages of the EB-1C
- No PERM labor certification required
- Faster priority dates compared to other green card categories
- Premium processing available for I-140 petitions, reducing average wait times from 6–8 months to as few as 45 business days
EB-1C Requirements
To qualify, both the beneficiary and the employer must meet specific requirements:
Beneficiary Requirements
- Must have worked for the company abroad for at least one continuous year in the past three years
- Must be coming to the U.S. to serve in an executive or managerial capacity
Employer Requirements
- Must be a U.S. employer conducting business for at least one year
- Must have a qualifying relationship with a foreign affiliate, subsidiary, or branch
Top Reasons for EB-1C Denial
1. Filing Fees Were Incorrect
Submitting the wrong fee amount or sending payment to the wrong address can result in immediate rejection—or in rare cases, outright denial. Since USCIS updates its fee schedules frequently (for example, in April 2024 the Form I-140 fee increased from $700 to $715), it is critical to confirm the current fee schedule or have an immigration attorney at Green Card Link handle the submission.
2. Inconsistent or Inaccurate Information
Missing, inconsistent, or incorrect details can quickly derail your petition. USCIS carefully cross-checks all documentation, and errors often result in costly delays or outright denials. Ensuring every document is accurate and consistent is essential, which is why many applicants rely on immigration attorneys at Green Card Link for petition preparation.
3. Criminal History or Immigration Violations
Background checks are mandatory. If USCIS finds evidence of criminal activity or prior immigration status violations—such as overstaying a visa—it can severely harm your petition. Even if the crime or violation seems minor, USCIS may still deny your case.
4. Lack of Proper Qualifications
Some employers attempt to “promote” employees into managerial roles solely for EB-1C purposes. USCIS reviews whether the applicant truly performed executive or managerial duties for at least one year abroad. If your qualifications are not thoroughly documented in your petition, the case may be denied—even if you genuinely meet the requirements.
5. Employer’s Inability to Pay Wages
The U.S. employer must prove it has the financial capacity to pay the offered wages. Evidence such as tax returns, financial statements, annual reports, and proof of current compensation are often required. If your employer cannot demonstrate financial stability, denial is likely.
6. Job Description Does Not Meet EB-1C Standards
USCIS applies strict definitions of what qualifies as an executive or managerial role:
A Manager Should:
- Supervise employees and control hiring, firing, and compensation
- Oversee a department, function, or key operation
An Executive Should:
- Supervise managers
- Make strategic, high-level decisions independently
- Establish company policies and goals
Job titles alone (e.g., “Account Manager”) do not guarantee eligibility. The actual duties must align with USCIS standards. Failure to provide a detailed, compliant job description is one of the most common denial reasons.
Final Thoughts: Protecting Your EB-1C Petition
Applying for an EB-1C green card is complex, and even minor mistakes can lead to rejection. With the stakes so high, it’s crucial to work with experienced immigration attorneys at Green Card Link who understand the nuances of EB-1C petitions. Whether you are filing for the first time or responding to a denial, the right legal strategy can make all the difference.
Schedule a consultation today with Green Card Link to safeguard your EB-1C application.
EB-1C Denial Reasons, Approval Rates, and Next Steps for Applicants
Lack of Work History in a Foreign Branch
One of the most common mistakes applicants make is assuming that an L-1A visa automatically qualifies them for an EB-1C green card. While the eligibility criteria are similar, there is a critical requirement often overlooked:
To qualify for the EB-1C, you must have worked in a managerial or executive role at your company’s foreign branch for at least one continuous year within the three years prior to filing your EB-1C petition.
This requirement creates challenges for applicants who have remained in the U.S. on L-1A status for 5–7 years without recent overseas experience. In such cases, applicants may need to return to their home country and work in a qualifying executive or managerial position for one year before filing.
On the other hand, if you worked several years in your company’s foreign branch before transferring to the U.S. on an L-1A, you would typically retain two years of eligibility to apply for the EB-1C.
To avoid costly mistakes, consult with an immigration attorney at Green Card Link to ensure this requirement is properly understood before filing.
EB-1C Denial Rate: Recent USCIS Data
According to USCIS statistics for the first quarter of 2025, the EB-1C denial rate was just 3%. Out of 2,970 petitions filed, 2,881 were approved while 89 were denied.
This high approval rate demonstrates that, for applicants who meet the criteria, the EB-1C remains a stronger and more reliable pathway to a green card compared to the EB-1A or EB-2 NIW, which have faced higher denial rates and growing backlogs.
What to Do After an EB-1C Denial
If you’ve received an EB-1C denial, it’s not the end of the road. With the right guidance from immigration attorneys at Green Card Link, you may have several options:
1. Re-File with USCIS
In most cases, you can re-file your petition. If your first application contained errors, missing evidence, or was self-prepared without professional help, refiling with stronger documentation may resolve the issue.
However, if your denial stemmed from serious issues such as lack of qualifications or prior criminal history, simply re-filing will likely lead to another rejection. In such situations, new evidence or a change in circumstances will be necessary before proceeding.
2. File an Appeal
You may have the option to appeal the decision through the Administrative Appeals Office (AAO). However, keep in mind that appeals are often time-consuming and the AAO tends to uphold the original decision.
Additionally, appeals are only available if you filed your EB-1C while in the U.S. If the denial came from a U.S. consulate abroad, the decision generally cannot be appealed.
If you choose to appeal, always do so with an experienced immigration attorney at Green Card Link, as appeals require a strategic legal approach.
3. File a Motion to Reopen or Reconsider
Another option is to request USCIS to reopen or reconsider your case:
- Motion to Reopen – Used if new evidence or changed circumstances can strengthen your petition.
- Motion to Reconsider – Used when you and your attorney believe the denial was issued in error and should be reviewed again.
Both motions require careful legal argumentation, and it’s highly recommended to seek expert representation from Green Card Link.
4. Consider Alternative Green Card Options
If the EB-1C path is no longer viable, you may still qualify for another employment-based green card:
- EB-2 Green Card
- For applicants with advanced degrees (Master’s or higher) or those who can demonstrate exceptional ability in science, business, or the arts.
- Includes the National Interest Waiver (NIW), which allows eligible applicants to self-petition without employer sponsorship or labor certification.
- For applicants with advanced degrees (Master’s or higher) or those who can demonstrate exceptional ability in science, business, or the arts.
- EB-3 Green Card
- For professionals with a bachelor’s degree, skilled workers with at least two years of experience, or unskilled workers with less than two years of training.
Keep in mind that EB-2 and EB-3 wait times can be significantly longer than EB-1C, depending on your country of origin and the visa bulletin priority dates.
How Green Card Link Immigration Attorneys Can Help
The best way to maximize your chances of success is to work with an experienced immigration attorney at Green Card Link. Many EB-1C denials occur when applicants file without professional legal guidance.
At Green Card Link, our immigration attorneys have years of experience handling EB-1C, EB-1A, EB-2 NIW, and other employment-based immigration cases. We assist with:
- Preparing and organizing evidence to prove your qualifications
- Ensuring USCIS requirements are fully met
- Managing all aspects of petition filing and follow-ups
- Developing a strategy if your petition has already been denied
When you choose Green Card Link, you gain the advantage of legal expertise and personalized support at every step of your immigration journey.
Schedule a consultation today with an immigration attorney at Green Card Link and take the first step toward securing your U.S. green card.