EB-1A Denial: Top 4 Reasons for Rejection

Immigration law is rarely an easy road to navigate. Without help, the complicated processes and documents can be overwhelming, especially with an EB-1 green card. If you have experienced an EB-1A denial or wish to avoid one, keep reading for the top 4 reasons for denial and rejection, as well as what to do if you have already been denied.

EB-1A Denial Rate

In FY 2025, the denial rate for EB-1A green cards was 18.73% based on the first three fiscal quarters of the year. The denial rate for ‘Alien of Extraordinary Ability’ is calculated using the following values:

• Total I-140 petitions received: 22,116
• Total I-140 petitions denied: 4,143

The denial rate for Alien of Extraordinary Ability has decreased from the previous fiscal year (2024), which was 23.32%.

EB-1A Background

To understand the reasons for an EB-1A denial, it’s key to understand what is involved with qualifying for this prestigious immigrant visa and the requirements.

The EB-1A is a green card designed for those who can demonstrate extraordinary ability in the areas of science, business, education, art, or athletics. It is the highest level one can achieve in employment-based immigration, and it is not an easy green card to obtain.

Requirements

To qualify for an EB-1A green card, you must submit evidence that you have been awarded an internationally recognized prize such as the Nobel Prize or the Pulitzer Prize. Alternatively, if you are unable to present evidence like this, you can submit evidence that you have:

1. Received a slightly lesser national or international recognition award or prize
   • Doesn’t have to carry the same level of recognition and prestige as a Nobel Prize or other significant award. Examples of qualifying awards include those from well-known institutions, doctoral dissertations, awards from internationally recognized conferences, etc.
2. Obtained membership in prestigious associations and organizations/institutions
   • Membership in these associations must not be based solely on payment of a fee, a requirement by certain occupations, etc.
3. Assessed the work of others, either individually or on a panel
4. Contributed highly significant original artistic, scientific, or scholarly works in the field (i.e., newspaper articles, academic journals, major online publications, etc.)
5. Had achievements published in major trade and media announcements
6. Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field for the specific classification
7. Works displayed in an art exhibition or show
8. Performed in a leading or critical role for organizations or establishments that have a distinguished reputation
9. Media success in the performing arts, demonstrated in box office receipts or entertainment sales
10. Commanded a high salary, or other significantly high remuneration for services in relation to the field –  USCIS does not interpret the phrase “has commanded” to mean that the person must have already earned such a salary or remuneration to meet the criterion. A credible contract or job offer showing prospective salary or remuneration can establish the compensation.

Ultimately, you need to prove to the USCIS that you are in the top percentile of individuals in your field. You must also demonstrate that you intend to continue working in that field while in the U.S. Keep this in mind as you gather evidence for your case.

What is the Difference Between Rejection and Denial?

It is also important to distinguish between rejection and denial. Many people use these words interchangeably in their daily lives, but in immigration law, they are two different things. If your petition is rejected, this means that simple, easily fixed issues prevented it from reaching the decision stage. Essentially, a rejection means that no officer evaluated your case.

A denial, on the other hand, means that, after evaluating your case, an immigration officer deemed that you do not meet the qualifications for an EB-1A green card. These are more difficult to handle and may require the help of an immigration attorney.

Why Was My EB-1A Denied or Rejected?

There are many reasons why your EB-1A green card may have been denied or rejected. However, we will cover the top four here as they pertain to the most common reasons for EB-1A denial.

1. Mistakes on the Petition

One of the most common reasons for rejection is the presence of simple errors made in the petition. Whether a field was accidentally left blank or the right information was entered into the wrong space, various mistakes can cause a rejection.

Being meticulous is critical to avoiding rejection. You need to thoroughly check every document sent and ensure every field is completed to ensure nothing was left out and that no contradictions are present. Hiring an immigration attorney is the best way to ensure that everything is filed correctly.

2. Criminal History/Violation of Visa Status

Committing a crime in the U.S. can disqualify you for a green card. There are many cases in which an applicant’s past criminal history in his or her own country has caused an EB-1A denial. Make sure your record is clean or expunged before petitioning, and work with your lawyer to ensure that nothing of this sort will hinder your petition.

Also, any violations of past visa statuses can seriously damage your chances of approval. Overstaying your visa validation period or not maintaining your status can cause you to be considered “out of status,” which can lead to temporary or permanent bars from further attempts to enter the U.S.

3. Issues with Fee Payment

Issues with fee payment is another issue that usually results in EB-1A rejection. Problems with fee payment can include having a check bounce or not paying the right fee. The forms, policies, and fees are constantly changing in the immigration world.

4. Issues With Your Qualifications

The final and most common reason for an EB-1A denial is related to issues in proving your eligibility. “Extraordinary ability” is a broad and vague phrase that is ultimately up to the interpretation of the evaluating officer. If they think that your evidence fails to meet the evidentiary criteria, then your EB-1A will be denied.

Knowing this, it is important to have a rock-solid case before you submit your petition. Simply showing that you have three of the requirements may not merit you the green card. You also need to advocate for each piece of evidence and demonstrate how it fulfills each requirement.

The best way to do this is to have your attorney advocate each point on your behalf.

What to Do After an EB-1A Denial?

The first thing to do if your EB-1A has been denied is to hire an immigration attorney. Moving forward from there will greatly increase your chances of success and save you the headache of the complicated legal processes. Here is what you should discuss with your lawyer.

Re-filing

Unless it is expressly outlined in your EB-1A denial or rejection letter, there is nothing preventing you from re-filing your petition. This is a simple solution that is most effective when the rejection was due to a simple information or payment error. Unfortunately, you will still need to go through the processing time and pay the filing fees again.

However, if your petition was denied on account of your criminal record or your qualifications, simply refiling will most likely result in denial again. You and your attorney would need to present new evidence showing that your circumstances have changed to have a chance at approval.

Motion to Reconsider or Reopen

You can also file a motion to have the decision reconsidered or to have your case reopened if more evidence has come up that better supports your case. This involves sending a request to the officer who evaluated your case to reconsider in the light of this new evidence. If you file without new evidence, your EB-1A will likely receive a second denial. Specifically, here are the differenced between reconsidering and reopening a case:

• Reconsidering a case means that you and your attorney are prepared to present legal arguments demonstrating that the officer’s decision was wrong.
• Reopening a case means that new facts have arisen that could alter the outcome of the decision.

Appealing

If you believe that the decision was a mistake or that the evidence was not fully examined, then you may want to consider appealing directly with a third party to have the case evaluated by the Administrative Appeals Office (AAO). However, this is not always the best decision as the AAO tends to uphold the decision of the adjudicating officer rather than overturn it.

If you went through consular processing and your petition was denied, you might find that your denial letter states that the decision cannot be appealed. In this case, you will need to consider one of the other alternatives.

Other Options

As difficult as it may be, you may need to be open to the idea of pursuing a different green card opportunity. Some other options that compare to the EB-1A are the EB-5 green card for investors and the EB-2 National Interest Waiver for those whose work will have a significant positive impact on the U.S.

You may also be able to apply for an EB-2 or an EB-3. However, these options require you to have a job offer from a U.S. employer and a PERM Labor Certification. While far from ideal, they do present an opportunity to immigrate to the U.S. through employment.