The EB-1A visa allows those with extraordinary ability in art, science, business, athletics, or education to live and work in the United States indefinitely. This visa program is reserved only for those who have attained international recognition for their work and can demonstrate they’ve made significant contributions to their field. Proving you’re eligible for an EB-1A is often difficult and complex, but having an immigration attorney who can walk you through the process and anticipate potential issues will increase your chance of success. Below are some of the most common reasons EB-1A petitions are denied, many of which can be easily avoided.
4 Common Causes of EB-1A Petition Denial
1. Simple Mistakes
Even the slightest, seemingly insignificant error can cause USCIS to deny your petition without reviewing the evidence. Many applicants, for instance, leave a field blank, intending to fill it in later, only to forget and submit the petition without all the necessary information. Your immigration attorney will fill out the forms for you and carefully check each page for errors or omissions before sending in your application.
2. Criminal History
Immigration authorities perform thorough background checks on every applicant, so even minor violations can cause your petition to be denied. Before applying, work with the justice system in your home country or the U.S. to have any criminal records expunged. If you’ve previously violated the terms of a U.S. visa, such as overstaying or failing to maintain your status, you may be permanently barred from re-entering the country, so speak to an attorney before sending your petition.
3. Incorrect Fee Payments
U.S. immigration law is subject to rapid change, so you may have outdated or incorrect information about the applicable fees. If you don’t send in the correct payment amount or your check bounces, the USCIS (United States Citizenship and Immigration Services) will deny your petition without reviewing the other evidence.
4. Problems With Your Evidence
Whether or not an individual possesses “extraordinary ability” is a subjective judgment left to the USCIS agent reviewing your case. In many situations, getting approval requires a careful explanation of the importance of each piece of evidence and how it shows that you meet the legal requirements.
Berd & Klauss, PLLC, is a legal team in New York City dedicated to helping clients from across the world navigate the complexities of the U.S. immigration system. Whether you’re applying for an EB-1A visa or your petition has been denied, rely on these accomplished immigration attorneys for in-depth counsel and effective representation. To schedule a consultation, visit their website or call (212) 461-7152, and follow their Facebook for more tips and updates.