EB1A Denial: Should You Appeal or File a New Petition?

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If you are a person with extraordinary ability and your EB1A petition has been denied, you will want to appeal it as soon as possible. Although the denial notice will state why your petition has been denied, you must consider the entire circumstances to determine the best action to take. An EB-1 Visa lawyer near me can help you determine whether you should appeal the denial or refile a new EBIA case. 

What to Do When Your EB1A Petition was Denied

When your petition was denied, your lawyer can determine whether or not the denial was justified. Also, they should determine whether you are limited by a timeline. For instance, when you are in the U. S. and your status will expire within a few months, waiting for the results of the appeal would not work under your situation. Lastly, your lawyer will take into account whether you have new evidence like extra research and publications to strengthen your case. 

EB1A Denial Appeal Timelines

When you file an appeal to the EB1 denial, your appeal will be reviewed by the USCIS office that denied it. Then, the office will determine whether to approve your petition. In general, there will be up to 45 days of field review and when the field office disapproves the petition, it will forward it to the AAO. The AAO will try to complete a review within 180 days from the day they receive the case from the field office. More complex cases and those that require extra documentation may take longer to review. 

How You May Want to Consider Refiling an EBi1 Petition

Again, your circumstances will dictate whether it is best to refile a new petition or file an appeal. After your lawyer analyzes your case and circumstances and finds that filing an appeal is not in your best interests, they will prepare a new EB1 petition. If possible, this new petition will address the issues the denial has raised and include new supporting evidence to make it stronger than the first one. 

Lastly, filing a new petition allows you the 15-day processing timeline. Such a shorter timeline will let you apply for permanent residence faster when your petition is approved and allow you to have an alternative plan sooner when your petition does not succeed. But, often, when your EB1 petition is denied and you think you have a strong case, you may prefer to appeal. Make sure to consult with a lawyer to help you decide what’s best for you.