What to Do When Facing an EB1A Denial?
Receiving a USCIS denial for an EB1A, despite meeting all criteria, can be disheartening. The evaluation process can be unpredictable, leading to unexpected outcomes.
In such challenging times, it’s essential to explore alternative strategies beyond the traditional appeal process.
Instead of filing an appeal, which may take around 8 months with no guaranteed positive result (in fact, 95%+ of appeals at the AAO still uphold the original decision), consider alternative strategies.
In this blog post, we’ll explore three effective ways to deal with an EB1A denial.
1. Refiling the EB1A petition:
Refiling the EB-1A petition is a common response to a denial.
However, it’s essential to thoroughly address the reasons behind the initial rejection and make significant improvements to the application.
Reapplying for an EB-1A after a denial might seem like starting from scratch, but it provides an opportunity to address the reasons for the initial rejection.
Evaluate the USCIS feedback, strengthen weak points, and submit a more robust application.
However, be mindful that this approach doesn’t necessarily guarantee a faster or positive outcome.
2. Appeal for EB1A:
Opting for an appeal may seem like the logical next step, but the statistics reveal a challenging reality.
Appeals can take up to eight months, with over 95% of appeals at the Administrative Appeals Office (AAO) upholding the original decision.
Despite the lengthy process and uncertain outcome, some individuals still choose to pursue an appeal in the hopes of overturning the denial.
However, it’s crucial to be aware of the low success rate and the time it takes to navigate the appeal process.
3. Litigate for the EB1A Denial:
In cases where the denial is perceived as blatantly wrongful, litigation might be recommended.
Taking the matter to court involves presenting evidence to challenge the USCIS decision. While this approach can be effective, it is often a lengthy and expensive process.
Conclusion
In conclusion, facing an EB-1A denial is undoubtedly disheartening, especially when all criteria are met.
The unpredictable nature of the evaluation process can lead to unexpected outcomes.
Instead of opting for an appeal, which offers no guaranteed positive result and may take around 8 months, consider the more proactive approach of re-filing the petition entirely.
For cases of blatant wrongful denial, litigation might be a viable option.
At Smart Green Card, we understand the frustration and uncertainty that comes with an EB-1A denial.
Our expert team can evaluate your profile, providing personalized recommendations to enhance your EB-1A application.
Facing an EB-1A denial can be a setback in your immigration journey, but it’s essential to explore alternative strategies beyond the traditional appeal process.
For comprehensive support and expert guidance during your EB-1A application process, consider the Smart Green Card.
In the Smart Green Card VIP plan, we assist you in identifying your field of expertise and provide ethical support to craft a compelling EB1A profile.
Our goal is to help you fulfill at least six EB1A criteria and navigate the final merits determination for a successful EB1A immigration journey. Don’t let a denial be the end of your green card aspirations.
Disclaimer: We are not an attorney. This content is not a substitute for legal advice. Please consult an immigration attorney while taking any action.
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