What Happens If My EB1 Is Denied?
What is the difference between rejection and denial?
Being rejected and being denied have different meanings in the context of an EB-1B petition. If your petition is rejected, it indicates that there was a technical error in your application. In this case, no immigration officer has reviewed your case. In contrast, if your petition is denied, it implies that an immigration officer has reviewed your case and determined that you do not qualify for an EB-1B green card.
What are common reasons for denial or rejection?
Some of the reasons that we see for EB-1 rejections and denials are:
Mistakes in the petition (i.e. incorrect, inconsistent, or missing information)
Existence of a criminal history either in the U.S. or abroad
Issues with fee payment
The candidate is not qualified for an EB-1B green card
What are the next steps?
Appealing
If your green card petition is denied, you can seek a review from a third party, the Administrative Appeals Office (AAO). Upon review, the AAO may either uphold or overturn the decision made by the USCIS officer.
It is important to understand that presenting new evidence is necessary for the AAO to consider overturning the previous denial. If you do not have new evidence to support your case, we advise you to explore other options.
Re-filing
In case the reason for the denial of your application is due to mistakes made by you or your previous attorney, you have the option to file a new EB1 application after the denial. However, you will need to go through the entire processing time again and pay all the required fees.
We recently had a client whose EB1 application was denied because her previous lawyer messed up the application with typos and obvious errors. We assisted the client in re-filing the application, and she received approval for her EB1A within just 4 days.
Our experienced attorneys are available to consult with you and provide guidance and assistance.
Apply for another green card category
You may want to consider whether the EB1 category you are applying for is the best fit for you. The EB1A category has the highest requirements for applicants, so if you don't meet those criteria, you may be eligible for the EB2 category if you have an advanced degree.
What if I receive an RFE?
Sometimes, rather than issue a rejection or denial, the USCIS will give you a second chance by issuing a Request for Evidence (RFE).
USCIS may send you a request for additional evidence if:
You did not submit all the required evidence;
The evidence you submitted is no longer valid; or
The officer needs more information to determine your eligibility.
After receiving an RFE, it is crucial to respond promptly and provide the evidence that is requested. The RFE will specify the required evidence and provide the deadline for submitting it. Failure to respond within the specified timeframe may result in a denial of your I-485 form.
The first step you should take upon receiving an EB-1B RFE is to seek guidance from your immigration attorney. Your attorney will help you understand the specific requirements of the RFE and guide you in preparing a satisfactory response. Your attorney will work to ensure that you provide all necessary evidence and make the most of this second opportunity to have your case approved.