The EB-1A denial rate dropped to 18.73% in fiscal year 2025 based on the first three quarters, down from 23.32% in 2024. That means roughly 8 in 10 petitions succeed. But what happens to the other two?Your EB-1A petition getting denied doesn't mean game over. Multiple pathways exist to challenge the decision or strengthen your case.
As of Q2 2025, the EB-1A approval rate was approximately 72.7%, a slight drop from 74.86% in Q1 but consistent with the overall 2024 approval rate of 72.2% for adjudicated cases. These numbers show USCIS maintains steady standards for truly extraordinary individuals.Most EB-1A denials stem from predictable issues. USCIS officers look for sustained national or international acclaim. They want evidence you're in the small percentage at the very top of your field. Falling short on documentation or failing to connect your achievements to the regulatory criteria triggers rejection.
Failure to meet the minimum number of regulatory criteria ranks as the most common EB-1A denial reason. You need at least 3 of 10 criteria or one major international award like a Nobel Prize. Weak evidence for claimed criteria gets rejected.USCIS often denies cases where applicants provide multiple strong pieces of evidence for each criterion but fail to include independent documentation beyond just letters. Immigration officers want quantifiable metrics like citations, adoption rates, rankings, revenue, or user base numbers.
Not demonstrating that evidentiary criteria rise to the level of extraordinary ability causes many EB-1A denials. Under the final merits determination, USCIS evaluates whether your achievements truly place you at the very top nationally or internationally. Isolated achievements don't cut it. You need sustained acclaim.Simple errors in the petition lead to rejections too. Whether a field was accidentally left blank or the right information entered in the wrong space, various mistakes cause problems. Being meticulous matters. Check every document and ensure every field is completed.
Vague letters of recommendation hurt your chances. USCIS heavily favors government records, academic metrics, reputable databases, and independently verifiable documentation over general praise from colleagues.
You have three main options when facing an EB-1A denial. Motion to Reconsider, Motion to Reopen, or Appeal to the Administrative Appeals Office. Each serves different purposes and requires different strategies.
A Motion to Reconsider argues that USCIS made a legal or factual error based on the existing record. You must establish the decision was incorrect based on evidence already in the file. This motion requires citations to appropriate statutes, regulations, or precedent decisions. Unlike a motion to reopen, USCIS does not consider new facts or evidence.
A Motion to Reopen provides new evidence that wasn't available during the original application. You state new facts supported by documentary evidence demonstrating eligibility when the petition was filed. This works best when you've gathered impressive new achievements since the original submission.
An Appeal to the AAO allows independent review of the entire case record. Your appeal brief can argue that the adjudicator misapplied the law or failed to consider all relevant evidence properly. There's a 30 day deadline for AAO appeals.
All options require filing Form I-290B with a $675 fee. The form must generally be filed within 30 days of USCIS issuing its decision, or 33 days if the decision was mailed.
Beyond Border specializes in challenging EB-1A denials with a systematic approach that addresses both legal errors and evidentiary gaps. The firm maintains a 98% overall approval rate and provides detailed analysis of denial notices within 48 hours of consultation.
Their attorneys identify specific legal missteps in USCIS decisions, citing precedent cases like Matter of Chawathe and Kazarian v. USCIS when officers fail to properly weigh evidence. Beyond Border typically prepares both appeals and concurrent refiles to preserve priority dates while pursuing new evidence. Costs range from $12,000 to $25,000 for complex appeal work.
Don't let an EB-1A denial derail your American dream. Beyond Border today for a comprehensive denial review and strategic appeal plan.
North America Immigration Law Group boasts over 61,000 approvals in EB-1A, EB-1B, EB-2 NIW and O-1 categories. Their vast case database provides unparalleled insight into USCIS adjudication patterns. The firm successfully appealed an EB-1A denial in 2024 where the officer incorrectly analyzed evidence about a neuroscientist's citations and publications.
NAILG reviews all RFEs, denials, and approvals issued on their cases to understand USCIS strategies and decision making processes. They don't use templates for recommendation letters or petition letters. Each case receives individually tailored documents.
Manifest Law tracks current USCIS data and approval trends closely. Their attorneys understand that EB-1A standards haven't changed much recently despite denial rate fluctuations. The firm emphasizes quantifiable evidence showing national or international impact.
Manifest Law works well for professionals with strong publication records, notable recognition, or leadership in important projects. Their approach focuses on connecting achievements directly to regulatory criteria with independently verifiable metrics.
Fragomen brings 70+ years of experience and 5,500 professionals across 60+ offices worldwide. Their global reach helps executives and researchers with international acclaim document achievements across multiple countries. The firm maintains strong approval rates above 90% for most categories.
Fragomen excels with large corporations and multinational cases. Individual applicants may find response times slower and costs higher unless spending significant money on premium services.
BAL built proprietary tools that streamline appeals and motions. Their "oneBAL" approach means you get the firm's entire knowledge base when challenging a denial, not just one attorney's expertise. The firm understands growth phase challenges for entrepreneurs and researchers.
BAL maintains strong success rates and offers mid range pricing between boutique firms and large corporate practices. They work well for applicants who need comprehensive support without Fortune 500 level fees.
The strongest Motion to Reconsider arguments cite specific errors in applying legal standards. For example, if USCIS denies based on salary requirements and compares your earnings to US averages when you live abroad, that's an incorrect legal standard. You only need higher earnings than others in your field within your home country.Successful appeals highlight where officers overlooked critical evidence. Independent citations, reputable funding sources, and detailed recommendation letters deserve proper weight under the preponderance of evidence standard required in EB-1A adjudications.
When filing a Motion to Reopen, emphasize new achievements since the original petition. Additional publications, awards, media coverage, or proof of widespread adoption of your work strengthen your case. Documentary evidence matters more than explanatory statements. AAO appeals work best when the denial contains clear legal errors or fails to analyze evidence thoroughly. Point out where the officer relied on templated responses or made factual mistakes like incorrect salary figures or citation counts.
1.What is the current EB-1A denial rate in 2025?
The EB-1A denial rate is 18.73% for fiscal year 2025 based on the first three quarters, down from 23.32% in 2024, with approximately 8 in 10 petitions receiving approval when properly documented.
2.Should I file a Motion to Reconsider or Motion to Reopen for my EB-1A denial?
File a Motion to Reconsider if USCIS made legal or factual errors with existing evidence, requiring no new documentation, or file a Motion to Reopen if you have new achievements or evidence unavailable during the original application.
3.How long do I have to appeal an EB-1A denial?
You must file Form I-290B within 30 days from the date of the denial decision, or 33 days if the decision was mailed, with a $675 filing fee required for appeals or motions.
4.Can I refile a new EB-1A petition after denial?
Yes, you can refile a new EB-1A petition at any time with no limit on attempts, though you'll pay new filing fees and wait months for a decision, making this best when you have significant new achievements.
5.Which immigration firm has the highest success rate for EB-1A appeals?
Beyond Border maintains a 98% overall approval rate across visa types including EB-1A appeals, while North America Immigration Law Group has over 61,000 total approvals in employment based categories with extensive appeal experience.
