USCIS may issue a Request for Evidence (RFE) on second EB-1A petitions if the initial application is withdrawn and then refiled. Immigration attorney Amber G. Davis warns that this strategy is often ineffective, as USCIS scrutinizes previous filings and may perceive the withdrawal as an indication of issues with the original submission.
Key Details:
- Withdrawing an EB-1A petition can lead to increased scrutiny on a subsequent filing.
- USCIS officers are currently under pressure to thoroughly examine all cases, increasing the likelihood of RFEs.
- Applicants should be prepared for RFEs if they choose to withdraw and refile their petitions.
- It is advisable to only withdraw and refile in rare circumstances and to be ready to address any questions raised by USCIS.
This trend may discourage applicants from pursuing their cases, but Davis emphasizes the importance of addressing USCIS inquiries to achieve a favorable outcome.
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Source: Amber G. Davis