Immigration Lawyer Peter Messersmith

Notice of Intent to Revoke (NOIR) for EB-1 or NIW — What It Means and How to Save Your Case

December 8, 2025 by Immigration Lawyer Peter Messersmith

Receiving a Notice of Intent to Revoke (NOIR) on your EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) petition can feel devastating. After all, USCIS already approved your petition and now they’re threatening to take it back.

The good news? A NOIR does not mean your green card is lost. With the right legal strategy, many EB-1 and NIW revocations can be successfully overturned. At The Messersmith Law, we’ve helped clients across the world respond to NOIRs and keep their EB-1 or NIW approvals even after USCIS questioned their achievements or qualifications.

Here’s what you need to know to protect your case and your future.

What Is a Notice of Intent to Revoke (NOIR)?

A Notice of Intent to Revoke is a formal letter from USCIS stating that they intend to cancel (revoke) an already approved petition. It’s most common in employment-based immigrant visa categories, such as:

EB-1A (Extraordinary Ability)
EB-1B (Outstanding Researcher or Professor)
EB-1C (Intracompany Transferee)
EB-2 NIW (National Interest Waiver)

USCIS issues a NOIR when they believe the original approval was made in error, new adverse information has emerged, or evidence no longer supports the petition.

Common Reasons for EB-1 or NIW NOIRs

USCIS may issue a NOIR for reasons such as:

Alleged misrepresentation or inconsistency in credentials or employment
Doubt about the petitioner’s eligibility under EB-1A or NIW criteria
Withdrawal of employer support (for EB-1B or EB-2)
Changes in job description or duties
Third party complaint or consular return (a US consulate questioned the approval)
Fraud or error findings during internal USCIS review

Many of these are fixable with proper documentation and legal argument.

What Happens After a NOIR?

You usually have 30 days to respond to a NOIR. If you do not respond or if the response is insufficient USCIS will revoke the approval of your EB-1 or NIW petition. This can also affect:

Your pending I-485 (green card) application
Your work authorization (EAD)
Any derivative family members

A well-prepared response can stop the revocation entirely or restore approval after a detailed legal rebuttal.

How to Respond to a Notice of Intent to Revoke (NOIR)

Here’s what an effective response strategy includes:

Careful review of USCIS allegations.
Gather strong supporting evidence.
Legal analysis of regulatory criteria.
Expert legal brief.
Address procedural errors.

Frequently Asked Questions (FAQ)

Q1. What’s the difference between an RFE and a NOIR?
An RFE is issued before approval. A NOIR is issued after approval, when USCIS re-examines your petition and finds possible issues.

Q2. Can I still work if I receive a NOIR?
Yes, as long as your I-485 and EAD remain valid. However, if the petition is revoked, your EAD may be affected so respond quickly.

Q3. Can I appeal a revoked EB-1 or NIW?
Yes. If USCIS revokes despite your response, you can appeal to the AAO or refile with stronger evidence. Many cases succeed on appeal.

Q4. How long does USCIS take to review a NOIR response?
Usually 30–90 days, but complex cases may take longer.

Q5. Should I hire an immigration lawyer for a NOIR?
Absolutely. A NOIR response is a legal argument, not just paperwork. We can identify regulatory misapplications and prevent irreversible revocation.

Get Our Help Before It’s Too Late

We have helped scientists, engineers, professors, entrepreneurs, and healthcare professionals across the US keep their EB-1 and NIW approvals. If you received a Notice of Intent to Revoke your EB-1 or NIW, act fast. You only have 30 days to respond and every detail matters.

Call 305-515-0613
Email info@messersmithlaw.com
Same-Day Consultations Available

We’ve turned many EB-1 and NIW NOIRs into approvals. Let us help you protect yours.

INA 212(a)(6)(C)(i): How We Assist Applicants Overcome Misrepresentation Findings (Real Successful Case Examples)

December 6, 2025 by Immigration Lawyer Peter Messersmith

INA 212(a)(6)(C)(i) commonly referred to as “212a6ci” is one of the most feared findings in US immigration law. It applies when USCIS or a US consulate believes an individual willfully misrepresented a material fact to obtain an immigration benefit.

A 212(a)(6)(C)(i) finding triggers a lifetime bar but it does NOT always mean denial is final. Every year, we assist many applicants successfully challenge, appeal, obtain I-601 hardship waivers, or 212(d)(3) waivers to overcome this bar.

This comprehensive guide explains:

What 212(a)(6)(C)(i) means;
Why it is issued;
How to fight it;
Realistic successful case examples;
When a 212(i) waiver works; and
How to maximize your chances of approval.

What Is INA 212(a)(6)(C)(i)?

If a person willfully and materially misrepresents a fact to gain a US immigration benefit, they become inadmissible for life.

Key elements US government must prove:

The applicant knowingly provided false or misleading information.
A false statement, omission, or misleading response.
The fact must be significant enough to influence the immigration decision.
The misrepresentation must be intended to gain a U.S. immigration benefit.

Common Reasons Leading to 212(a)(6)(C)(i)

Incorrect employment information (OPT or H-1B)
Misstating immigration history
Failing to disclose a prior visa denial
Knowingly using fraudulent documents
Incorrect marital or family information
Inconsistencies during visa or green card interviews
Student visa (F-1) misrepresentation allegations
OPT/CPT misuse allegations (very common)

Yes, We Can Overcome 212(a)(6)(C)(i). Here Are Examples of Our Successful Cases.

Successful Case #1: Misrepresentation Reversed (No Waiver Needed)

Issue:
An applicant filed I-539 on his own and received a Request for More Evidence. USCIS claimed the company he listed as an employer on an OPT I-20 was fraudulent and alleged misrepresentation.

Outcome:
USCIS withdrew the 212(a)(6)(C)(i) allegation. Our client’s I-539 was approved without a waiver.

Successful Case #2: I-601 Hardship Waiver Approved for Spouse

Issue:
A consular officer claimed an immigrant visa applicant failed to disclose prior overstays.

Outcome:
I-601 approved and our client received an immigrant visa

Successful Case #3: Green Card Granted After NOID Rebuttal

Issue:
USCIS accused our client of misrepresenting previous employment during an H-1B petition.

Outcome:
USCIS closed the misrepresentation allegation and I-485 approved.

Successful Case #4: Student Visa Misrepresentation Overcome

Issue:
The applicant allegedly lied about previous visa denials in DS-160.

Outcome:
The consulate removed the 212(a)(6)(C)(i) finding and F-1 visa was issued.

Successful Case #5: Misrepresentation Not Material → Bar Removed

Issue:
Applicant entered an incorrect job title on a visa form due to an innocent mistake.

Outcome:
Officer overturned the 212a6ci finding and no waiver was required.

When You Need a I-601 Waiver

If the finding cannot be overturned, you must show extreme hardship to a US citizen or LPR spouse or parent. Hardship can include:

Medical conditions
Pregnancy or high-risk pregnancy
Mental health issues (anxiety, PTSD, depression)
Financial collapse
Losing access to essential care for children
Country specific dangers
Separation hardship

A well-documented hardship package can secure approval even when the misrepresentation occurred many years earlier.

Your Path to Approval Starts with the Right Legal Team

Overcoming an INA 212(a)(6)(C)(i) misrepresentation finding is entirely possible with the right strategy, the right evidence, and the right guidance. Every year, we help applicants just like you successfully challenge USCIS, Consulate, CBP mistakes, reverse wrongful findings, win I-601 waivers, and secure the approvals when they once thought were out of reach. Your case is not hopeless and you don’t have to face this process alone. Email us at info@messersmithlaw.com or call us at 305-515-0613 Same-Day Consultations Available. Let us help you turn a 212(a)(6)(C)(i) setback into a success story of your own.

USCIS Request for More Evidence (RFE): What It Means & How to Respond Successfully

November 26, 2025 by Immigration Lawyer Peter Messersmith

Receiving a Request for More Evidence (RFE) from USCIS can feel stressful but it doesn’t mean your case will be denied. In fact, many petitions are approved after an RFE, if the response is strategic, complete, and legally persuasive.

Many people retained our legal services after they first filed on their own or through another attorney. At Messersmith Law Firm, we regularly help clients overcome RFEs across EB-1A, NIW, marriage-based green cards, H-1B, I-129, I-539, I-485, I-601, I-612 waivers, and more.

What Is a Request for More Evidence (RFE)?

An RFE means USCIS needs additional proof before they can approve your application. It is not a denial but it must be taken seriously. Your response needs to directly address every issue raised and provide clear documentation to overcome USCIS’s concerns.

Common Reasons USCIS Issues RFEs

RFEs are commonly triggered by:

RFE Reason	Sample USCIS Concern
Insufficient evidence	Missing financial, employment, or identity records
Inconsistent information	Discrepancies across forms, I-94, prior visas
Weak proof of eligibility	Not enough to meet EB-1A or NIW standards
Marriage authenticity doubts	USCIS questions bona fide relationship
Status or intent issues	Doubts about lawful status or nonimmigrant intent

How to Respond to an RFE Successfully

To win your case, your RFE response should include: 1. A well-organized cover letter 2. Stronger evidence & supporting documents 3. Legal argumentation 4.On time submission

RFEs often require more than documents. A strong legal argument with legal reasoning can make the difference between approval and denial. Most RFEs allow 87 days to respond. If you miss the deadline, USCIS will deny your case automatically.

Real Success Stories. Clients Who Came to Us After RFEs

EB-1A Musician — Approved After Weak Initial Filing
A professional pianist filed his EB-1A and received an RFE questioning “major significance” and other criteria his lawyer presented. We secured EB-1A approval in 3 days.

Marriage-Based Green Card — Relationship Questioned
USCIS doubted the marriage was genuine and cited INA 212(a)(6)(C)(i) and marriage fraud. We submitted proof of bona fide relationship and a strong legal argument. NOID withdrawn and green card approved.

B-2 to F-1 Change of Status — Approved after Providing Strong Evidence
A student from South Korea received an RFE claiming lack of financial support. We provided strong evidence and I-539 approved and F-1 status was granted.

Get Legal Help With Your RFE. Before It’s Too Late

An RFE is your last chance to strengthen your immigration case. A weak or incomplete response can result in denial, unlawful presence, or visa refusal. Let us help you respond strategically and professionally the way USCIS expects.

Email us at info@messersmithlaw.com or call us at 305-515-0613 Same-Day Consultations Available

Advance Parole Denied Entry: What It Means & How to Protect Your Case

November 24, 2025 by Immigration Lawyer Peter Messersmith

Being denied entry at the US border while traveling on Advance Parole (Form I-512) can be frightening, especially when you believed you were authorized to return. Unfortunately, Advance Parole is not a guarantee of admission, and US Customs and Border Protection (CBP) can still refuse entry based on immigration history, past violations, or security concerns.

If your Advance Parole was denied at the airport, you still may have legal options to return or salvage your pending green card application.

Why Advance Parole Doesn’t Guarantee Reentry

Many applicants believe Advance Parole is equivalent to a visa or admission document but it is only permission to request entry, not a right to enter. CBP can deny Advance Parole entry for many reasons.

Common Reasons for Advance Parole Denials

Past immigration violations or unlawful presence
Old visa overstays or removal/deportation orders
INA §212(a)(6)(C)(i) misrepresentation findings on record
Criminal history or criminal allegations
Previous visa fraud or unauthorized employment
“Security concerns” or database/name matches
Pending investigations or unresolved USCIS issues

What Happens If Advance Parole Entry Is Denied?

If CBP refuses entry:

You may be placed in secondary inspection
You may be detained or issued expedited removal
You could be told to withdraw your application for admission
Your I-485 Adjustment of Status may be considered abandoned

However in many cases, these decisions can be challenged.

Real Success Story: Advance Parole Denied / Green Card Saved

A Venezuelan applicant with a pending I-485 traveled on Advance Parole and was denied entry at Miami Airport after CBP cited a past overstay. She was told her green card application was abandoned. She contacted our firm immediately. We helped her reenter the US and filed legal arguments challenging the abandonment. Her Adjustment of Status was reinstated and she received her green card four months later.

Get Immediate Legal Help After Advance Parole Denial

Many clients come to us after attempting to travel on Advance Parole with previous overstays or minor violations. We’ve helped them restore eligibility, challenge wrongful determinations, and protect their green card applications.

Email us at info@messersmithlaw.com or call 305-515-0613 — Same Day Consultation Available
The Messersmith Law Firm. Experience in Overturning CBP Denials & Advance Parole Cases Nationwide

Abu Dhabi Preclearance: What US Bound Travelers Need to Know

November 24, 2025 by Immigration Lawyer Peter Messersmith

What Is Abu Dhabi CBP Preclearance?

The US Customs and Border Protection (CBP) Preclearance facility in Abu Dhabi allows travelers flying from the UAE to complete US immigration, customs, and agriculture inspections before departing instead of after landing in America. This means when you arrive in the US, you are treated as a domestic arrival, saving time and avoiding long immigration lines.

But preclearance is more than just convenience, it also means US immigration laws apply at the airport in Abu Dhabi, including questioning, admissibility checks, and even expedited removal under INA §235(b)(1) if CBP believes you are inadmissible. Understanding this process is critical especially for ESTA travelers, F-1 students, H-1B workers, and visa holders entering the US for the first time.

Visas & Entry Types Processed:

ESTA (Visa Waiver Program)
B1/B2 visitors
F-1 students (with SEVIS records)
H-1B / L-1 / O-1 workers
Permanent residents
U.S. citizens

Why Preclearance Matters for Immigration

Although helpful, preclearance is still a US border checkpoint. That means:

CBP can question your intent to enter the US;
Officers can check your travel history, immigration records, employment, or school status;
Expedited removal, refusal of entry, or ESTA cancellation can happen right at Abu Dhabi; and
Once denied, you cannot board the flight to the US.

ESTA travelers are especially vulnerable, as they have limited appeal rights and may need a 212(d)(3) waiver or visa application later if denied.

Common Reasons for Problems at Abu Dhabi Preclearance

Travelers may be flagged or denied boarding for:

Possible Refusal Reasons	Possible Consequences
Suspected immigrant intent	ESTA cancellation / denial of entry
Old overstays / visa violations	Expedited removal / 5-year bar
Working on ESTA or B2 visa	INA §212(a)(7) or §212(a)(6)(C)(i)
Name match / security flag	Security Advisory Opinion (SAO)
Weak F-1 or H-1B documentation	Secondary inspection & delay

Real Success Stories (Abu Dhabi Preclearance Cases)

Case 1: ESTA Remained Valid
A traveler from France was questioned at Abu Dhabi Preclearance for suspected intent to work in the US. We prepared documents proving otherwise. CBP permitted travel and ESTA remained valid.

Case 2: Expedited Removal Overturned and Obtained F-1 Student Visa
An Indian student was flagged for working for Findream during OPT period and was expedited removed from the US and barred for 5 years after secondary inspection. CBP cited alleged misrepresentation INA 212(a)(6)(C)(i) and was issued INA §235(b)(1) expedited removal pursuant INA 212(a)(7)(A)(i)(I). We had removal order successfully vacated and obtained F1 visa for the client.

Case 2: Expedited Removal Vacated After Technician Questioned
A UK IT specialist traveling on ESTA was stopped for having technical tools in his luggage. CBP suspected work intent and issued INA §235(b)(1) expedited removal. We petitioned CBP, submitted proof of tourism purpose, and successfully removed the removal order, restoring his eligibility to travel.

Case 4: Name Match / Security Flag Cleared B1/2 Visa Approved
An Iranian traveler was held at Abu Dhabi Preclearance because his name matched someone in a security database. His visa was denied and CBP advised a new visa. We worked with CBP and other government agencies and cleared his name and helped him obtain a B1/2 tourist visa.

Need Legal Help Before or After Preclearance?

If you were denied entry, questioned, or issued a removal order at Abu Dhabi Preclearance, we can help protect your travel rights and restore eligibility to enter the U.S.

Email us at info@messersmithlaw.com or call 305-515-0613
Same-Day Consultations Available

We help with:
ESTA Denials & Visa Refusals
212(d)(3) Waivers
Expedited Removal Appeals
Visa Entry Problems
CBP Inadmissibility Challenges

8 CFR 217.4(a)(1): Understanding the Visa Waiver Program (VWP) Ineligibility Rule

November 17, 2025 by Immigration Lawyer Peter Messersmith

8 CFR 217.4(a)(1) is a critical regulation for travelers who want to enter the United States under the Visa Waiver Program (VWP) using ESTA. Many travelers discover often too late that they are not eligible for ESTA because of this rule. The regulation empowers US Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) to deny VWP entry to anyone who does not satisfy the statutory requirements under INA §217.

Eligibility Standards Under 8 CFR 217.4(a)(1)

A traveler may be ruled ineligible under 8 CFR 217.4(a)(1) if any of the following apply:

1. Prior Visa Denial or Immigration Violation

Overstaying a previous visit
Prior removal or deportation
Misrepresentation or fraud
Violating visa terms (unauthorized work)

These issues typically require a visa interview and may involve waivers.

2. Criminal History

Any criminal record involving:

Crimes of moral turpitude (CMT)
Drug offenses
Serious arrests
Convictions that trigger inadmissibility under U.S. immigration law

Even if a conviction is old or minor, ESTA can still be denied.

3. Travel to Certain Countries

Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, travelers who have visited certain designated countries, such as Iran, Iraq, Syria, Yemen, Somalia, Libya, or Sudan may be automatically excluded from the VWP.

4. Dual Nationality Restrictions

Dual nationals of certain countries, such as Iran, Iraq, Syria, Sudan, may be ineligible even if they hold a qualifying passport.

5. Security or Law-Enforcement Flags

This includes:

Watchlist hits
Security-related concerns
Intelligence database matches

Such cases generally require a full visa review.

Successful Case Examples Related to 8 CFR 217.4(a)(1)

Prior Overstay Successful B1/B2 Visa Grant

A tourist from Germany overstayed an ESTA visit by 14 days. CBP canceled future ESTA eligibility under 8 CFR 217.4(a)(1) and refused entry due to INA 212(a)(7)(A)(i)(I). We successfully helped the client obtain a B2 visa.

Minor Criminal Record E2 visa and 212(d)(3) Waiver Approved

A UK traveler had a 15 year old misdemeanor shoplifting conviction. Under 8 CFR 217.4(a)(1), ESTA was denied. We helped the client obtain an E2 and 212(d)(3) waiver.

Suspected Unauthorized Work, Expedited Removal, Vacate Expedite Removal Order

A Dutch traveler visiting the U.S. was questioned by CBP for having tools and business materials in his luggage. CBP suspected unauthorized work and refused VWP entry under 8 CFR 217.4(a)(1 and issues expedited removal under INA 212(a)(7)(A)(i)(I). We petitioned CBP and successfully vacated the removal order.

Security Flag / Name Match and ESTA Denied, O1 Visa Issued

An Italian researcher’s name was similar to someone in a watchlist, causing an ESTA denial under 8 CFR 217.4(a)(1). We successfully rectified the name issue and helped the client obtain an O1 visa.

Get Our Legal Help After ESTA Denial

At The Messersmith Law Firm, we help travelers overcome ESTA denials, resolve inadmissibility findings, and regain eligibility to enter the US. Whether you need a 212(d)(3) waiver or to challenge a wrongful determination, we can help you act fast and effectively. Contact us today at 305-515-0613 or info@messersmithlaw.com for a same day consultation and start the process of restoring your ability to travel freely.

I-485 Denial: What to Do When Your Adjustment of Status Gets Denied

November 17, 2025 by Immigration Lawyer Peter Messersmith

Receiving an I-485 denial for your Adjustment of Status (AOS) application can feel devastating, especially after months or years of waiting. But a denial doesn’t always mean the end of your green card journey.

Common Reasons USCIS Denies I-485 Applications

Incomplete or inconsistent documentation
Failure to maintain lawful status or unauthorized employment
Criminal or immigration violations
Marriage or relationship doubts in family-based cases
Public charge or inadmissibility findings under INA §212(a)

Each denial reason requires a specific legal response and acting quickly can make all the difference.

What You Can Do After I-485 Denial

File a Motion to Reopen or Reconsider (MTR) – If USCIS made an error or overlooked evidence.
Refile Your I-485 – Sometimes, a stronger, corrected application is the best solution.
Appeal the Decision – In certain cases, you can take the case to the AAO (Administrative Appeals Office).
Explore Waivers or New Eligibility Options – Especially if denied under sections like INA §212(a)(6)(C)(i) or INA §212(a)(9)(B).

Real Case Success Stories

Case 1: Marriage-Based I-485 Denial Reversed
A client’s marriage based green card was denied after USCIS questioned the legitimacy of the relationship. We provided evidence along with strong legal brief. The case was reopened and approved within 45 days.

Case 2: Employment-Based I-485 Denied for Status Violation
A foreign professional’s I-485 was denied because USCIS claimed he worked without authorization during a pending H-1B change and found him inadmissible under INA §212(a)(9)(B). We filed motion to reopen and the client received his green card within 3 months.

Case 3: I-485 Denial Due to Misrepresentation (INA §212(a)(6)(C)(i))
USCIS alleged false statements in a prior visa application. We filed an I-601 waiver supported by hardship evidence for his US citizen spouse. We obtained approvals for both the waiver and I-485 and the client became a permanent resident.

At Messersmith Law Firm, we have extensive experience in helping clients overturn I-485 denials, reopen denied cases, and correct inadmissibility findings that block green card approvals.

Contact us today 305-515-0613 or info@messersmithlaw.com for a same-day consultation to review your denial and determine the best legal strategy.

Top Reasons USCIS Denies Form I-539 and How to Avoid or Fix a Denial

November 11, 2025 by Immigration Lawyer Peter Messersmith

If your Form I-539 (Application to Extend or Change Nonimmigrant Status) was denied by USCIS, you’re not alone. Thousands of applicants each year face denials for simple, avoidable mistakes but the good news is that many of these cases can be corrected, reopened, or successfully refiled with the right legal guidance.

Most Common I-539 Denial Reasons

1. Late Filing. Submitting your I-539 after your current visa status expires can lead to automatic denial unless you prove extraordinary circumstances caused the delay.

2. Insufficient Evidence. USCIS often denies applications missing essential documentation such as proof of finances, valid status, or ties to your home country.

3. Ineligible Change of Status. Some categories, like ESTA or Visa Waiver entrants, cannot change status in the US. Attempting to do so almost always results in denial.

4. Inconsistent Information. Discrepancies between your I-94, prior visa applications, or supporting documents can trigger suspicion and denial.

5. Intent Concerns. If USCIS doubts that you plan to maintain lawful, temporary status, your application especially B-2 to F-1 changes may be denied.

Can You Fix or Appeal an I-539 Denial?

Yes. A denial doesn’t have to end your stay in the US Depending on your situation, we may be able to help you to:

File a Motion to Reopen or Reconsider (MTR) if USCIS made an error or new evidence supports your case.
Refile a stronger I-539 application correcting prior issues.
Apply for a different visa or process at a US consulate abroad to restore legal status.

At The Messersmith Law Firm, we regularly help clients overturn I-539 denials, stop unlawful presence, and secure legal status again. Many come to us after receiving denials filed on their own or through other attorneys, and we’ve successfully salvaged their cases with detailed legal arguments and well prepared evidence.

Recent Success Stories

Tourist to Student Approval After Denial. A visitor from Brazil had her B-2 to F-1 change of status denied for lack of financial documentation. We helped her refile with updated bank evidence and school enrollment records. Her case was approved in just 45 days.

H-4 Extension Approved After MTR. An Indian spouse’s I-539 was denied for alleged late filing. We filed a motion to reopen with proof of timely delivery, and USCIS reversed its decision within six weeks.

F-1 to H-4 Change Restored. A student from South Korea was denied for inconsistent I-94 entries. We prepared a corrected application with a detailed legal explanation and it was approved in 30 days.

Get Legal Help After an I-539 Denial

Timing is critical after a denial. Acting quickly can prevent long-term immigration issues such as unlawful presence or reentry bars under INA §212(a)(9)(B). At The Messersmith Law Firm, we know how to respond strategically and turn a denial into an approval.

info@messersmithlaw.com | 305-515-0613
Same-Day Consultations Available Nationwide

EB-1A RFE: How to Respond and Win Your Case (Even If You Filed Yourself)

November 7, 2025 by Immigration Lawyer Peter Messersmith

Getting a Request for Evidence (RFE) on your EB-1A Extraordinary Ability petition can feel stressful but it is not a denial. In fact, many EB-1A cases are approved after an RFE when the response is handled strategically and supported by the right legal arguments. At The Messersmith Law Firm, we routinely turn EB-1A RFEs into approvals, including cases where:

The applicant filed the EB-1A on their own
A different attorney submitted a weak or incomplete petition
USCIS challenged key evidence such as original contributions, media coverage, or critical role

If your EB-1A is worth fighting for, we know how to win it.

What Is an EB-1A RFE?

An RFE means USCIS needs more documentation or clarification before deciding your case. It does not mean your case is weak. It simply means USCIS wants more proof that you meet 3+ EB-1A criteria and the final “extraordinary ability” standard. Think of an RFE as an opportunity to refocus, strengthen, and strategically present your achievements.

Common Reasons for EB-1A RFEs

We frequently see RFEs challenge:

EB-1A Criterion	What USCIS Often Says	How We Fix It
Original Contributions	“Impact not clearly demonstrated.”	Show adoption, citations, commercial results, field influence.
Leading / Critical Role	“Job title alone is insufficient.”	Prove direct organizational success linked to your actions.
Published Material About You	“Coverage not from independent or reputable media.”	Submit third-party press, industry publications, expert verification.
High Salary	“Salary not shown to be above field norms.”	Use localized wage data, comparator reports, expert letters.
Professional Memberships	“Membership does not require outstanding achievement.”	Reframe under correct regulatory interpretation.

Real Results: EB-1A RFEs We Turned Into Approvals

Athletics — RFE → Approved

A national level track athlete received an RFE after a previous attorney failed to prove his competitive significance. We demonstrated his ranking history, sponsorships, training influence, and press coverage. USCIS approved the EB-1A.

Music — RFE → Approved

A classical cellist was told her achievements were “not extraordinary.” We built a performance portfolio showing international recognition, festival appearances, and endorsements from music directors. Her EB-1A was approved within weeks.

Business / Startup Leadership — Self-Filed RFE → Approved

A tech founder filed his EB-1A on his own and received a detailed RFE questioning his role. We reframed his evidence with revenue growth, investment validation, market adoption, and leadership metrics. USCIS approved the case under premium processing.

Frequently Asked Questions

Is an RFE a bad sign?

No. Many EB-1A approvals happen after an RFE especially when handled by experienced counsel.

Can I switch attorneys for my RFE response?

Yes. Over 50% of our EB-1A RFE clients come to us after filing with another attorney or on their own. We enjoy salvaging filed by other lawyers and turning RFEs into approvals.

Can I submit new evidence in my RFE response?

Yes and you should. It strengthens your case.

How long do I have to respond?

Usually 87 days, but check your notice for the exact deadline.

Why Choose Messersmith Law Firm for Your EB-1A RFE

✔ 20+ years of immigration law experience
✔ Thousands of EB-1A & NIW approvals
✔ High success rate with RFE and NOID rescues
✔ Attorney-driven strategy — no outsourcing
✔ Responsive support and fast turnaround

We don’t just send documents. We build the legal case that convinces USCIS to approve.

Get Help With Your EB-1A RFE Today

Don’t risk a denial. We can help you turn your RFE into a green card approval.

Call: 305-515-0613
Email: info@messersmithlaw.com
Website: www.messersmithlaw.com

Same-day consultations available.

Can E-2 Visa Holders Apply for a Green Card? (Yes — Here’s How)

November 4, 2025 by Immigration Lawyer Peter Messersmith

Many E-2 treaty investors believe that they can never apply for a green card because the E-2 is a nonimmigrant visa that requires an intent to depart. But that’s only half the story. In reality, E-2 visa holders can and do obtain US permanent residency through several immigrant visa (green card) options.

At The Messersmith Law Firm, we’ve helped numerous E-2 investors transition from temporary investor status to US permanent residency through carefully planned strategies that comply with immigration law.

Understanding the Challenge: Dual Intent & E-2 Limitations

The E-2 visa is a nonimmigrant category, meaning you must intend to return to your home country when your status ends. Unlike H-1B or L-1 visas, the E-2 does not formally allow “dual intent” (living in the U.S. temporarily while also pursuing a green card). However, the law does not prohibit E-2 holders from applying for permanent residence. It simply requires careful timing, documentation, and transition planning to avoid conflicts between nonimmigrant intent and immigrant intent.

Pathways for E-2 Visa Holders to Get a Green Card

1. EB-1A (Extraordinary Ability) Green Card

If you are a highly accomplished entrepreneur or business leader, you may qualify under EB-1A, which does not require an employer or sponsor. USCIS looks for evidence of:

Original business contributions of major significance
Published media or recognition for success
High salary or commercial impact
Leadership in your field

We’ve successfully transitioned E-2 executives and small business owners to green cards under EB-1A by demonstrating their innovation, market influence, and national impact.

2. EB-2 National Interest Waiver (NIW)

This option is ideal for E-2 business owners whose work benefits the U.S. economy or public interest such as job creation, technology advancement, or sustainability. You don’t need a US employer. You can self-petition by showing:

Your work has national importance
You are well positioned to advance your field
Waiving the job offer requirement benefits the U.S.

We’ve successfully helped an E-2 entrepreneur in renewable packaging secure a green card under the NIW for advancing sustainable materials manufacturing in the US.

3. EB-5 Investor Green Card

If your business has grown substantially, you may qualify for an EB-5 immigrant investor visa, which leads directly to a green card. You must:

Invest at least $800,000–$1,050,000, depending on location
Create at least 10 full-time US jobs
Prove your investment funds are lawfully sourced

Most foreign national that qualify under the EB-5 category will also qualify under the EB-1 or NIW categories and we can help you obtain a green card without the onerous investment requirements.

4. Family-Based or Employer Sponsorship

E-2 holders married to US citizens or employed by a US company willing to sponsor them may transition through family-based or employment-based sponsorship (EB-2 or EB-3).

Real Success Stories

Case 1: E-2 Software Founder Approved for EB-1A

A French tech entrepreneur on an E-2 visa built a profitable SaaS platform. USCIS denied that the E-2 qualified for self-sponsorship, but we pivoted to an EB-1A strategy. By highlighting his press coverage, patents, and industry influence, we secured EB-1A approval leading to his green card within 9 months.

Case 2: E-2 Investor Converted to EB-5 Green Card

A Canadian E-2 investor launched a medical device distribution company in Florida that supplied hospitals with cost saving patient monitoring systems. Although his business was profitable, he feared he could never apply for a green card because the E-2 does not permit dual intent. We structured a National Interest Waiver (NIW) petition demonstrating how his company improved US healthcare access and efficiency, created jobs in the medical supply chain, and contributed to national public health outcomes

USCIS approved the NIW in just six months, and he successfully adjusted status to permanent residency without leaving the US.

Ready to Go From E-2 to Green Card?

If you’ve built a successful US business under an E-2 visa, you don’t have to stay temporary forever.
With the right legal strategy, you can transition to permanent residence and build your future in the United States.

Call 305-515-0613 or email info@messersmithlaw.com today for a same-day consultation to review your expedited removal or inadmissibility determination and develop a winning strategy.