BusinessLaw

What are Your Options if Your EB1-A Petition is Denied

An EB-1A visa is a first preference employment-based immigration for foreign nationals who have extraordinary ability in the fields of science, education, art, athletics, or business. There are many reasons your petition can be denied including eligibility issues, petition errors, criminal history, and others. However, just because your petition is denied does not mean you should give up. 

The first thing you must do when your EB1-A petition is denied is to hire a Dallas business immigration attorney. This will increase your chances of success and save you the stress of going through the complicated legal process. The following are the things you need to discuss with your attorney:

Re-Filing Your Petition

Unless the EB1-A denial letter outlines that you cannot re-file your petition, you can do so if you want. The rejection may be due to a simple payment or information error that you can correct by refiling the petition. But, you still have to go through the processing time and pay the filing fees again. But, if the denial has to do with your criminal record or qualifications, you and your attorney must present evidence that shows the circumstances have changed.

Filing a Motion for Reconsideration

If you have come up with more evidence to support your case, you can file a motion to have the denial decision reconsidered or have the case opened. If you choose this route, you must send a request to the officer who assessed your case to reconsider in the  light of new evidence. 

Appealing 

If you think the denial was a mistake or that the evidence wasn’t fully evaluated, you can appeal directly with a third-party to have your case assessed by the Administrative Appeals Office. But, keep in mind that the AAO usually upholds the adjudicating officer’s officer instead of overturning it. 

If the options above don’t work for you, consider pursuing a different green card opportunity. You can consider the EB-5 green card for investors and the EB-2 National Interest Waiver for individuals whose work will positively affect the United States. Also, you can apply for an EB-2 and EB-3 green card. But, you need to have a job offer from a U. S. -based employer to be qualified for these options.