Common Mistakes When Filing for the US EB-1A Green Card

Applicants and their attorneys often make these mistakes when filing an EB-1A green card petition:

• They submit too much evidence to support their case
• The cover letter is weak and poorly structured
• The reference letters are poorly written
• The arguments made in support of the petition are not strong enough

A common mistake is submitting a huge pile of documents to support the petition. That backfires: USCIS officers work to tight deadlines and have limited time for each case. It pays to improve the quality of the documents you submit and keep the volume in check. To give every case its due, officers often stop halfway through lengthy filings and base their decision on what they have reviewed up to that point.

That is why expert reference letters must establish the following:

• It must be fully clear that the referee is genuine and a recognized authority in their field.
• The applicant's relationship with the referee must be stated, to show that the referee has firsthand knowledge of what the letter claims.
• The expert's reference should be appropriate and relevant to the applicant's claims.

1How you argue the petition matters a great deal

We have seen many cases that should have been approved get denied because of unprofessional presentation and supporting evidence. At the same time, a considerable number of average cases are approved by USCIS thanks to outstanding argumentation and professionally presented evidence. The officer makes the call, and real effort has to go into convincing them of the petition's quality.

So it is crucial that all supporting evidence is presented persuasively and that every argument is sound and coherent. A well-presented case, backed by evidence and matching USCIS's exact legal requirements, is more likely to be approved than a highly qualified applicant who presents their case poorly.

Long-winded, overly detailed petitions are just as likely to be denied as very short, thinly supported ones. A polished petition combines the right presentation with well-documented evidence.

2When does USCIS issue an RFE or NOID?

The immigration agency has addressed several questions about the EB-1 category and explained when a case is denied outright and when a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) is issued.

• USCIS may issue an RFE when the required initial evidence falls short and additional information or documents are needed.
• A NOID may be issued when the officer is not fully convinced by the case but is willing to consider whether it is adequately supported.
• An outright denial without an RFE or NOID often happens when the initial evidence submitted is not convincing.

For EB1 Extraordinary Ability (EB1-EA), the required initial evidence is either (1) proof of a major award or achievement, or (2) meeting three of the 10 EB-1A criteria.

For EB1 Outstanding Researcher or Professor (EB1-OR), the required initial evidence is: (1) meeting two of the six criteria, (2) proof that the foreign national has at least three years of experience in teaching or research, and (3) a job offer from a qualifying employer.

In our experience, USCIS decisions on EB-1 petitions are inconsistent and opaque, because USCIS can deny a case without an RFE or NOID if it considers the relevant initial evidence insufficient. So it is wise to give USCIS all available evidence with your first filing.

Holding back evidence in the initial petition makes no sense: it can lead to unfavorable decisions by the officer or even an outright denial. It is always in the applicant's best interest to file a complete, well-prepared case to improve the chances of approval.

What to do after a denial is covered on our page EB-1A green card denied; you will find more advice in our EB-1A tips & hacks and the overview on our EB-1A green card hub.