Shilpa Malik 
Boris Ignachkov 
Every aspect of immigration law is fraught with complications, especially the EB-1 green card. Sometimes, despite doing everything the right way, you can still get a denial. When it comes to a green card as distinguished as the EB-1C, a denial can be devastating. In this article, we delve into the reasons behind an EB-1C denial and how to avoid it.
Don’t Risk an Avoidable Denial
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EB-1C Background
Before exploring reasons for a denial of an EB1-C, let’s first review the EB-1C green card.
The EB-1C is an immigrant visa designed to grant lawful permanent resident status to managers and executives of multinational companies that have a branch in the United States.
Advantages
Advantages of getting a green card in the EB-1 preference level include:
- Your employer does not need to obtain a PERM Labor Certification on your behalf.
- The priority date, and therefore waiting times, tend to be much shorter for the EB-1 green cards than they are for other preference categories.
- Premium processing is available to expedite your I-140 petition from an average of six to eight months to just 45 business days.
EB1-C Requirements
To qualify for the EB1-C, both you and your employer need to fulfill certain requirements:
Requirements for the Beneficiary
- You must have maintained employment with the company for at least one continuous year in the three years leading up to your green card petition.
- You must also have the intention of immigrating to the U.S. to work in an executive or managerial capacity for the employer.
Requirements for the Employer
- Your employer must be a U.S. employer that has been doing business in the U.S. for at least one year.
- They must also have an office, branch, or affiliate overseas that has employed you for this transfer.
Why Was My EB-1C Denied?
Here are the top 6 reasons for EB-1C denial:
1. Fees Were Insufficient
One of the most common reasons for visa denials is paying the wrong fees to sending them to the wrong place, a major contributing factor to EB-1C rejection. Due to the ever-changing nature of immigration law, fees and filing structures are constantly fluctuating.
For example, in April of 2024, the USCIS introduced a new fee schedule to the base filing fee for Form I‑140—which EB‑1C uses—from $700 to $715.
Filing the wrong fees often results in a rejection. This results in the petition never reaching the decision-making stage and being sent back to the petitioner. However, there have been some rare cases in which the USCIS issued an outright EB-1C denial on account of insufficient fees.
To avoid this delay, be sure to check the USCIS website for the latest fees or have your immigration attorney handle the fee payment.
2. Inconsistent Information
While it remains a simple mistake, it’s one that many petitioners end up making. Double, even triple-checking application information can save you a great deal of headache in the future.
Unfortunately, many petitioners are too concerned with getting their petition in as soon as possible and neglect to proofread their information.
The USCIS will either reject or deny your petition for incorrect, inconsistent, or missing information. This can cost you both time and money, as the petition will need to be resubmitted with a new filing fee.
Avoiding this mistake is simple: Ensure each piece of information is accurate and matches the rest of your documentation.
This is another problem that can easily be avoided by having an immigration attorney file your petition.
3. Criminal History/ Violation of Status
When you file your petition, the USCIS will conduct background checks to ensure that you do not have a criminal history in the U.S. or your own country.
Your case will also be examined to see if you have ever violated your visa status in the past. If a crime or violation is found, your petition is likely to be denied depending on the nature and severity of the crime or violation.
While avoiding criminal activity is common sense, violating your status may be more of a threat to your case.
Overstaying your visa or being considered “out of status” can not only place a temporary bar on your entry into the U.S., but it can also damage your chances of obtaining visas in the future.
4. You Do Not Qualify
There are plenty of examples of companies that promote an underqualified worker to management for the sole purpose of obtaining a green card. Many of these are rejected because the worker has not been a manager for at least one year, and the fact that the worker lacks the necessary qualifications to effectively manage.
This may not be the case, and you might be qualified, but your EB1C petition may still be denied if your qualifications are not effectively demonstrated in your I-140 petition.
To avoid this, be sure that your petition includes all of the necessary evidence pointing to your management ability.
5. Inability to Pay Proposed Wages
Like many of the employment-based green cards, the EB-1C petition requires an offer of employment to qualify. That job offer must include the salary or wages that the company promises to pay you. In addition, your employer must demonstrate the capacity to pay you this wage.
According to the regulations, an employer can prove the wages can be paid is by showing the company’s:
- Net income
- Current assets
- Annual reports
- Federal tax returns
- Financial statements.
It also helps if you have already been making this wage during your employment with the company.
Failure to demonstrate that your employer can pay the proposed wage for your position is one of the more common EB-1C rejection reasons.
Work with your immigration attorney to make sure all of your financial documents are in order.
6. Job Description Does Not Qualify
While there are several ways to help prevent a denial, this issue often affects more applicants than expected. USCIS provides detailed guidance on what duties and responsibilities define a qualifying manager or executive role, and it’s important to ensure the job description clearly meets those standards.
A manager should:
- Oversee the day-to-day work of employees, be in charge of their wages, and have the power to hire and fire.
- Supervise a function or department of the company.
An executive should:
- Supervise the work of managers within the company.
- Be able to make significant decisions for the company without substantial supervision.
- Have the ability to create goals and policies for the company.
Some positions have the title of manager or executive (such as account manager), but do not require the employee to fulfill the tasks above. These positions do not qualify for this green card, and attempting to apply through them will most likely result in an EB-1C denial.
7. Lack of Work History in Foreign Branch
One of the major issues we see comes when people are led to believe that the L-1A nonimmigrant visa directly translates over to an EB-1C. While the requirements are very similar concerning your qualifications and those of your employer, there is one key issue that is often overlooked:
To qualify for the EB-1C, you must have been working in a managerial or executive capacity in the foreign branch of your multinational company for at least one continuous year in the three years leading up to the EB-1C petition.
This can present a real problem for those who have been living in the U.S. under L-1A status for the past 5-7 years. To meet the EB-1C requirement, you would need to return to your home country and work as a manager or executive in your company’s branch there for one year before petitioning.
On the other hand, if you had been working in your company’s foreign branch for several years before coming to the U.S. under L-1A status, you would have two years of eligibility for the EB-1C.
Speak with your immigration attorney to ensure that this requirement is properly understood.
EB-1C Denial Rate
According to USCIS data in the first quarter of 2025, the EB1C denial rate was 3%.
Of the 2,970 visas processed, 2,881 visas were approved, while 89 were denied.
Thus, for applicants who qualify, the EB-1C is often considered a safer and more straightforward path to a green card than the EB-1A or EB-2 NIW, which have seen drops in approval rates and rising backlogs.
What to Do After an EB-1C Denial
If you heed the above reasons for denial and hire an immigration attorney, you will be setting yourself up for success. However, if you have already received an EB-1C denial and are looking for what to do next, there are some options to consider with your lawyer.
Re-file
In almost all circumstances, you will have the opportunity to re-file with the USCIS. If you have filed your case either by yourself or with a different attorney, you may want to consider finding a new avenue for filing. If you obtain new evidence or had a simple mistake in your petition that resulted in rejection, re-filing may be the first move that you make.
If the denial was due to a more serious issue, such as a lack of qualifications or a criminal history, simply re-filing will most likely result in a second denial.
In this case, new evidence of a change of circumstances would be required to take either of the two options below.
Can I Appeal?
There is a possibility that you can appeal the decision to a third party, but there are some caveats to consider. Appealing requires you to file with the Administrative Appeals Office (AAO) and can take a very long time to process. In addition to this, the AAO upholds the decision more often than not, meaning that time will be wasted.
Keep in mind that appealing is only available to applicants who are currently in the U.S. If you are denied by the consulate, you will most likely receive an EB-1C denial notice stating that the decision cannot be appealed.
If you do decide to appeal, do so with an attorney. Stepping into the realm of appeals is not to be done without an expert. Save yourself a substantial amount of time and trouble by getting legal help with your appeals.
Motion to Reconsider
Another option is to file a motion to reopen. This is a request for the original entity (i.e. the USCIS) to reconsider the case if new circumstances or evidence have arisen. This last part is essential. If you simply file a motion to reopen without presenting new evidence, your motion will likely be denied. Work with your attorney to find a way to bring new information to light.
You can also file a motion to reconsider your case, which means that you and your attorney believe that the decision to deny your case was made erroneously and that the evaluating officer should reconsider the decision. This is an equally delicate scenario and should not be done unless your attorney can produce a valid argument for the claim that the denial was in error.
Consider the Alternatives
Lastly, though it may not be ideal, you may want to contemplate switching to a different green card. Even if you don’t qualify for an EB-1C, you still may be eligible for an EB-2 or EB-3 green card.
EB-2: This green card is designed for those who fall into one of two groups:
- Those who have advanced degrees (Master’s degrees or higher) that are relevant to their field of work.
- Those who can demonstrate exceptional ability in the sciences, arts, or business.
- Exceptional ability is a degree of expertise significantly above that ordinarily encountered in the respective field.
Important: The EB-2 has a National Interest Waiver option for those who qualify offering those the ability to self-petition (no need an employer to sponsor you) and bypass the lengthy labor certification process handled by the Department of Labor.
EB-3: This category is also meant for immigrants who fall into one of three groups
- Professionals (bachelor’s degree holders)
- Skilled workers (2+ years of experience)
- Unskilled workers or “other workers” (less than 2 years of experience)
You will need to check the priority dates for the alternative green card, as the waiting times for the EB-2 and EB-3 can be significantly longer than the EB-1C.
How VisaNation Law Group Immigration Attorneys Can Help
The best way to avoid an EB-1C denial is to have an expert handle your case. At VisaNation, we find that the cases that get denied are almost always done without an attorney. With years of experience dealing with employment-based immigration, VisaNation Law Group lawyers can help you cross every “T” and dot every “i”.
From gathering evidence to support your case to handling the minutiae of filing, you can rest assured that your case is in the right hands. To get your immigration journey started or to receive help for your EB-1C denial, fill out our contact form and let us schedule your consultation today.