Can EB-1A be denied without giving me a chance for an RFE?

The EB-1A visa is intended for individuals with extraordinary abilities, but its evaluation by USCIS can be rigorous, leading to petition denial without issuing a Request for Evidence (RFE).

Generally, an RFE is requested to clarify points or supplement information. However, if the submitted documents unequivocally show that the legal requirements have not been met, the petition can be denied outright, without the opportunity to submit additional evidence.

This measure aims at process efficiency but can be frustrating. Therefore, it is crucial to prepare the petition thoroughly with clear documentation, relying on specialized professionals and complying with current regulations.

Each case is unique, and reliable guidance is essential to define the best strategy during the petition.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.