The EB-1 Green Card is one of the fastest and most prestigious US immigration options for individuals with extraordinary ability, multinational executives, or outstanding professors and researchers. But despite strong qualifications, many EB-1 petitions are denied. Understanding the top reasons EB-1 green card applications get denied and how to avoid them can significantly increase your chances of success.
Below are the most frequently asked questions (FAQs) about EB-1 denials and strategies to prevent them.
What Are the Top 5 Reasons EB-1 Green Card Applications Get Denied?
- Weak Evidence of Extraordinary Ability
- USCIS requires detailed documentation. Simply having achievements is not enough, they must be proven with strong evidence such as press articles, contracts, or industry recognition.
- Failure to Meet Three Criteria
- For EB-1A, you must meet at least three of the ten criteria (judging, membership, high salary, leading role, etc.). Many applicants fail to document them correctly.
- Problems with the Final Merits Determination
- Even if you meet three criteria, USCIS applies a final merits analysis. If they don’t believe your career demonstrates sustained acclaim, they may deny the case.
- Inconsistencies or Misrepresentation
- Discrepancies in resumes, employment history, or prior visa applications can trigger INA §212(a)(6)(C)(i) misrepresentation findings and result in denial.
- Poor Legal Strategy or Self-Filing
- Many applicants file pro se (without an attorney) and underestimate how USCIS scrutinizes EB-1 cases. Weak legal arguments or disorganized evidence presentation often lead to denials.
Can I Reapply After an EB-1 Denial?
Yes. Many applicants succeed on a second filing, especially when they work with an experienced EB-1 lawyer. A denial does not bar you from reapplying, but you must strengthen your evidence and address USCIS concerns.
How Can I Avoid an EB-1 Denial?
- Work with an experienced EB-1 attorney.
- Collect comprehensive evidence for at least 4–5 criteria (not just 3).
- Prepare a strong legal brief explaining why your work has national or international significance.
- Ensure all documents are consistent with your past immigration history.
- Anticipate USCIS’s final merits determination and build arguments accordingly.
What If My EB-1 Was Already Denied?
You have options:
- Motion to Reconsider (MTR) if USCIS made an error in applying the law.
- Motion to Reopen (MTR) if you have new evidence.
- Appeal to the AAO if the denial was based on a misinterpretation.
- Refiling a stronger petition with additional evidence.
Should I Hire a Lawyer for My EB-1 Green Card?
Yes. EB-1 is one of the most heavily scrutinized green card categories. USCIS officers are trained to challenge evidence, and without a carefully crafted petition, even qualified applicants get denied. we can:
- Identify the strongest criteria for your case.
- Organize evidence to meet USCIS standards.
- Draft persuasive legal arguments.
- Prevent mistakes that often lead to denial.
Don’t Risk a Denial. Let Us Fight for Your Green Card
The EB-1 green card offers a fast path to permanent residence, but denials are common when petitions lack strategy or strong evidence. By understanding the top 5 reasons EB-1 applications get denied and working with an experienced EB-1 lawyer you can significantly improve your chances of approval.
If you’ve received a denial or are preparing your EB-1 petition, contact us today at 305-515-0613 or email info@messersmithlaw.com. We have successfully helped thousands of clients secure EB-1 approvals, and we can help you too.