What If Your EB-1 Application is Rejected?

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What If Your EB-1 Application is Rejected?

The EB-1 visa is the top priority visa for immigrant professionals.  Commonly referred to as the ‘genius visa’, the EB-1 is for candidates considered outstanding talents in their profession.  Due to an increased number of EB-1 immigrant applications from around the world, the United States Citizenship and Immigration Services (USCIS) guidelines have become more stringent.  Because of these new guidelines, many of our immigration clients who have made significant achievements in their respected fields have received a Request for Evidence (RFE) or rejection letter.

Receiving an RFE or a rejection letter is not the end of an EB-1 application for our clients.  One of our recent interactions with the USCIS can help illustrate what can happen.  Our client applied for an EB-1A, but received a rejection letter.  However, in the rejection letter, the immigration officer admitted that the applicant did meet the criteria set forth by the USCIS.  Our immigration team truly believed that our client fully met the standard to receive an EB-1A and suggested simply refiling the paperwork.  In our experience, our client’s application would be accepted on the second submission.

The second submission, however, also seemed to run afoul of the stricter requirements from the USCIS and received an RFE.  Upon closer inspection, the RFE appeared to be seeking information that was already provided in the second application.  Our immigration team pointed this out in our RFE response and also provided additional evidence that our client was an ideal candidate for an EB-1A visa.  Two days after our response the visa was issued to our client.

If your EB-1 application receives an RFE or a rejection letter, it’s important to speak with an immigration lawyer.  There may be actions to take that can help you in your ultimate pursuit to secure a visa.  If you have any questions about the immigration process and how an attorney can help, call the Law Offices of Scott Warmuth today at 888-517-9888 to receive a free consultation.

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