USCIS denied my EB-1 saying the award is not recognized. Can I appeal?

Yes, in most cases a denial of an EB-1 petition is not the end of the road. When USCIS issues a denial on the grounds that an award lacks the expected recognition, there are usually paths to challenge the decision, provided there is a basis to argue that an error of interpretation or application of the criteria occurred.

Among the most common mechanisms are the Motion to Reopen (reopening based on new facts or evidence) and the Motion to Reconsider (review based on an alleged error in applying the law to the facts). Each has its own requirements and specific deadlines, which are generally short, so response time matters. The choice of strategy depends on the details of your case.

A few points to keep in mind:

• Approval upon a new review is not guaranteed.
• Strengthening the case typically requires robust additional evidence.
• Missing the deadline may make the challenge impossible.

Because this involves short deadlines and technical requirements, expert guidance can make a significant difference at this stage. Review the updated rules and deadlines on the USCIS website and, ideally, build your response with the support of an experienced professional.

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.