On EB-1A adjudications

A lot of people come to me with the assumption that if they meet three criteria and have some way of showing that they’re extraordinary and are at the top of their field, they qualify for EB-1A.

If you fit into the above profile, you might have a strong case but getting approved comes down to so much more than just profile.

For example, you might have a strong case but if you get an officer who has their own approach to evaluating EB-1A cases that does not reflect what’s written in the law, you might still end up with a denial (I’ve encountered officers who will only review documents submitted as part of a case and not review any arguments put forth in the petition - if the documents spoke to them, they’d approve the case and if not, they’d deny the case).

EB-1A adjudications can be so arbitrary as different officers can have different standards so when deciding on when to apply, the decision should come down to what kinds of risks you’re willing to assume and also how strong of a case you want to present to USCIS.?

For most applicants, it’s best to prepare as strong of a case, which comes down to strengthening as many aspects of the case as possible before applying but this is not always the right approach for every applicant. For some of you, if you’re comfortable with say filing a borderline case instead of profile-building for a few more years, even if that means most likely receiving a denial, perhaps filing immediately is for you.

I also tell clients that they can always refile a strong case as a way to overcome a denial. For strong cases that were denied simply because an officer applied the wrong standard, refiling to draw a different officer who applies the correct standard can help get a case approved.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out at [email protected] or via LinkedIn messages and I’ll get back to you shortly!