Why Was Your EB-1A Visa Denied?

Posted on: 5 May 2020


The EB-1A visa allows individuals who have a distinctive ability in business, science, art, education, or athletics to reside and work in the U.S. indefinitely. This particular program is reserved for individuals who have already attained recognition internationally for their work and are able to demonstrate that they have made considerable contributions in their particular field. It can be difficult and complex to provide that you are qualified to receive an EB-1A visa, but your chances of success can increase if you hire an immigration attorney who can guide you through the process step-by-step and anticipate any possible issues that may arise. Keep reading to learn a few of the reasons that your application may be denied so that they can be avoided.

Simple Mistakes

All it takes is a small, seemingly insignificant error for the United States Citizenship and Immigrant Service to deny your application without even taking a look at the evidence that has been submitted. Some applicants may leave a field blank with the intention of filling it in later, but they end up forgetting and submitting the application lacking all of the appropriate information. An immigration attorney can help with filling out the forms and check each page of the application to ensure that there are no errors or omissions before turning it in.

Criminal History

Each applicant must go through an extensive background check, and it is possible that even a minor criminal violation from your past can cause your application to be denied. Prior to applying for the visa program, you should work with the legal system to have your criminal records expunged. If you were recently part of a U.S. visa program and violated the terms of said program, by failing to maintain the status, for example, you could be barred from re-entering the U.S. permanently. Therefore, before turning in the application, you should consult with an immigration attorney to see what steps can be taken to turn things around.

Incorrect Fee Payments

The law surrounding United States immigration is constantly changing, so you could have incorrect or outdated information about the appropriate fees. If you fail to send in the proper payment amount or your check bounces, the USCIS could deny your application without giving the other evidence another thought.

Problems with the Evidence

Regardless of whether an individual has a distinctive and unique ability is subjective and is left to the USCIS agent who is responsible for reviewing your immigration case. In a number of cases, gaining approval will require an extensive and careful explanation of every piece of submitted evidence and how it ties into you meeting the legal requirements for the visa program.

If you would like to learn more, get in touch with a local immigration law firm like Tesoroni & Leroy.