If your case is denied, you can file an appeal to the USCIS Administrative Appeals Office (AAO).
In recent years, the two reasons most often cited by USCIS directors when denying EB-1C (Multinational Executives and Managers) petitions are (1) failure to demonstrate an ability to pay the proffered wage/salary to the beneficiary, and (2) failure to demonstrate that the beneficiary will be employed in a managerial or ...
Every aspect of immigration law is fraught with complications, especially the EB-1 green card. Sometimes, despite doing everything the right way, you can still get a denial.
An eb1 visa for research is very difficult to win because the standard is so high, but is definitely possible with the right documentation and legal help. EB1 visas for research are reserved for the most able and accomplished in their respective fields.
What Are My Options? If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are options available to applicants, including a motion to reconsider or reopen, appealing the decision, and re-filing.
If the I-485 is denied, then the applicant cannot remain in the U.S. and will have to leave. If, however, the applicant does not use the EAD, he/she will be able to retain his/her visa status and remain in the U.S. for the duration of his/her non-immigrant visa, even if the I-485 application is denied.
Once the USCIS receives a properly filed request to upgrade, you will get a response from them within 15 days. Again, keep in mind that the premium processing service does not in any way improve your approval chances, it simply means that your case will be reviewed quickly.
While this is a high standard to meet, it is a lesser standard than the EB1A visa which requires a showing of extraordinary ability. This means that for the right candidate, it is easier to get approved for an EB1B visa than an EB1A visa.
If the field of study is not exactly matching what was stated on the labor certification (for example the worker has an MBA but the labor certification requires a Masters in Computer Science), the I-140 could be denied unless an argument can be made that the worker's field of study is closely related to the requirement ...
A: While EB-1B requires employer sponsorship and a corresponding job offer, EB-1A requires neither. Further, EB-1B beneficiaries need to have at least three years of relevant work experience, while no such requirement exists for EB-1A applicants.
As of June 2020, a good guideline to consider is filing in the EB-1A category (if you are from China or India) if you have at least 300 citations, but you should not assume that it will be granted, and you should have a backup plan to maintain your status.
about 8 monthsGenerally, the government processing time for the EB-1 Visa is about 8 months. Once the EB-1 has been approved, the government takes about 6 months to issue permanent residence. These times are only available if the EB-1 category is current. Applicants can check category status at the DOS Visa Bulletin.