USCIS is reportedly tightening its standards for EB1A petitions, leading to a significant increase in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). An immigration attorney with experience at USCIS noted that out of eight premium processing EB1A applications submitted recently, six received RFEs, with one already denied.
Key Details:
- Increased RFEs: 75% of recent EB1A submissions received RFEs.
- Types of RFEs: Two main categories identified—“boilerplate” RFEs and “not convinced” RFEs.
- Response strategies: Attorneys recommend a respectful yet assertive tone when addressing RFEs to counter the Agency’s challenges.
- Impact on approvals: Strong profiles that historically would have been approved are now facing denials, straining the Agency’s credibility.
The heightened scrutiny is attributed to various factors, including internal agency pressures and a shift away from previous leniencies. Applicants are advised to prepare for potential RFEs or NOIDs and to develop a strategic response plan. Legal experts emphasize the importance of responding to these requests to preserve the right to appeal, as litigation may become necessary to challenge unjust denials.
Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: r/eb_1a