USCIS discretion and EB-1A

Here’s a post by immigration lawyer Amber Davis on USCIS discretion for EB-1A:

The stronger your EB-1A profile, the less likely you are to get denied because of USCIS discretion.

This is because your case will speak to a wider range of officers, all of whom have their own opinions about what the EB-1A standard is.

Of course, there’s always the chance you get a bad officer who denies your case without even reviewing materials submitted. Some of them just don’t seem to approve any case. The firms that file lots of EB-1s have a list of these officers.

But if you’re trying to avoid a denial from a strict officer and your case is considered borderline, it might make sense to spend more time (for some a few months and others a few years) on profile-building before applying.

Especially if you’re in no rush to apply.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.

Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.