Reimagining Corporate Immigration Legal Services | Nationally Ranked Visa Lawyer | Author of Unshackled | Founder of EB-1A Profile Building Education Company
Yes, we’ve gotten lots of EB-1A’s approved. We also just had two EB-1A’s denied for an incredibly dumb reason, and will not take it sitting down. Both cases were denied on final merits. One was given three criteria and was NOID’d. We responded and got him 4 categories, but they denied on final merits. 🤬 The other was given given three criteria and was NOID’d. We responded and got him 5 categories, but they denied on final merits. ⁉️ These were not weak cases. And predictably, USCIS ignored all the evidence they needed to determine both were at the top of their field. This is getting out of hand. You can expect USCIS to flex final merits more and more as they struggle to justify why highly talented Indian nationals changing the shape of technology are not extraordinary. Why? Because it’s so subjective, and allows them move goal posts back and forth. But we believe that Kazarian and the whole final merits step is illegal. And our firm, along with Brian Green, just submitted our final reply briefs in the Eastern District of PA where we are suing on an EB-1A denial, but also challenging the legality of the second final merits step. Crossing our fingers and hoping for the best here, on behalf of all highly talented Indian visa holders who are taking it from all sides right now. #eb1a #immigration #globalmobility
Do you believe that the new administration will give more space to applications from merited/skilled workers, or should we expect a total travel ban like during the president-elect’s first term?
I once got 7 criteria approved for EB1A and still NOID'd (we claimed 8). It literally looked ridiculous. Refiled and approved right away. USCIS should really standardize the review more to save us so much pain and anguish.
Can you pls let us know criteria and exact reason
All the very best! Happy to support
US Immigration & Global Mobility Specialist | TechWomen Impact Coach
1moIf anyone can do it Sameer Khedekar, YOU and your team are first in line. Hoping for a great outcome for you and your clients!