Can USCIS deny an EB-1 petition without an RFE?

Yes. For the EB-1, USCIS can deny a petition without first issuing an RFE (Request for Evidence). The RFE is an opportunity to supplement the filing, but it is not a mandatory step in every case.

When the initial documentation makes clear that the essential requirements have not been met, or that the eligibility basis is not supported, the officer may opt for a direct denial. This does not indicate a communication failure, but rather an assessment of the overall body of evidence submitted.

Because the EB-1 requires demonstrating high-level achievements and recognition, the review of criteria is rigorous, and the absence of conclusive evidence can lead to a negative decision without the intermediate step. The best defense is therefore to present a complete case from the outset:

• Robust, well-organized documentation.
• Evidence that clearly supports each criterion.
• A review of any gaps before submitting the petition.

Since each case is evaluated individually, it is worth checking the updated guidance on the USCIS website and seeking specialized support to reduce risk and strengthen the petition before filing.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.