Immigration law is usually a difficult road to navigate. Without help from experts, the complicated process and documents can easily overwhelm you, particularly when it comes to getting an EB-1 green card. If your application has been denied or you want to avoid a denial, you must know the common reasons for denial and rejection as well as what you must do if you have been denied.
An EB-1A green card is meant for people who can show extraordinary ability in the areas of science, education, art, business, or athletics. It’s the highest level a person can achieve in employment-based immigration; however, it’s not easy to obtain. This is the reason you must work with a Dallas EB-1 Visa Lawyer.
Requirements to Keep in Mind
To qualify for an EB-1A green card, you need to present evidence of an internationally recognized prize such as the Nobel Prize or the Pulitzer Prize that you received. Or you can submit evidence such as your membership with prestigious organizations, an experience of having judged the work of others, receipt of an award or prize of lesser national or international recognition, achievements published by others in major trade publications, significant, artistic, scholarly, and scientific contributions, and more. The USCIS must be convinced that you belong to the top percentile of people in your field. Also, you should show your intention to continue to work in the field while in the United States.
Common Reasons for Rejection or Denial
Your EB-1A green card can be denied or rejected because of the following reasons:
- Petition mistakes. Even a simple error in the petition can have your application rejected or denied. Whether you left a field blank or entered the right information into the wrong space, there are many mistakes you can make when preparing your petition. An attorney will check all documents you will send and ensure every field is completed.
- Criminal history or visa status violation. Your criminal history can cause a denial of your EB-1A application. The same goes for past visa status. So, ensure your record is clean or expunged before petitioning and work with an attorney to make sure nothing of this kind will hinder your petition.
- Fee payment issues. Issues with fee payment can include having a check bounce or failure to pay the right fee. Immigration policies, forms, and fees are always changing. Without a lawyer, you need to ensure you pay the right fee to the right place.
- Qualification issues. You should meet the requirements for having an extraordinary ability to ensure your EB-1A won’t be denied. And aside from showing you meet the requirements, you also have to advocate for every piece of evidence and demonstrate how it fulfills every requirement.
