If USCIS denies EB-1A, can I appeal to the AAO?

In many cases, yes, it is possible to challenge an EB-1A denial, but this depends on the reason and the form of the refusal. The most common administrative path involves filing a Motion to Reopen or a Motion to Reconsider, both of which can be directed to the AAO (Administrative Appeals Office).

In practice, these two options serve different purposes:

• A Motion to Reopen is based on new and relevant facts or evidence that were not included in the original petition.
• A Motion to Reconsider argues that there was an error in the application or interpretation of the law as applied to the facts already presented.

The AAO reviews whether there was a mistake in the decision, but not every EB-1A denial is eligible for this type of appeal, and there are strict deadlines to meet. Depending on the case, it may be more effective to reopen with new evidence or, in some situations, to restart the process with a stronger, better-supported petition.

Since each situation is assessed individually and there is no guarantee of success, it is worth thoroughly understanding the reasons for the denial and seeking guidance from a specialist, as well as reviewing the updated procedures at the official source (USCIS).

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.