Financial District, New York
28 Liberty Street, 6th Floor
New York, NY 10005
(212) 461-7152

Immigration Attorneys Explain 4 Reasons EB-1A Visas Are Denied January 16, 2018

Financial District, Manhattan
Immigration Attorneys Explain 4 Reasons EB-1A Visas Are Denied, Manhattan, New York

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

immigration attorneyEven 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U.S. immigration law is subject to rapid change, so you may have outdated or incorrect information about the applicable fees.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.

Other Announcements, Events and Deals from Berd & Klauss, PLLC
4 FAQs About Street Encounters with Police, Manhattan, New York
Many undocumented immigrants don’t fully understand their constitutional rights and worry that any interaction with the police will lead to deportation. Fortunately, this is not more
4 Questions to Ask Before Hiring an Immigration Attorney, Manhattan, New York
The U.S. immigration system is notoriously complex, with confusing requirements and guidelines that seem to change constantly. Whether you’re applying for a visa or hoping to become more
4 FAQ About Expiring Green Cards , Manhattan, New York
Individuals with a permanent resident alien status are allowed to stay in the United States indefinitely, but the identifying documents issued by USCIS do expire. Fortunately, an more
4 Essential Steps in Consular Processing, Manhattan, New York
Immigrants with a valid basis for applying for permanent residency may do so from their home countries through their local U.S. Department of State consulate. This application more
Data Entry Complete for FY2020 Cap-Subject H-1B Petitions, Manhattan, New York
On May 17, USCIS announced that it completed a crucial step toward processing cap-subject H-1B petitions for the 2020 fiscal year. In the coming weeks, immigration law officials more