If your EB-1A immigration case is denied, there are several options available to you, according to attorney Emily Singer Hurvitz. In recent years, the option to file a lawsuit against USCIS has gained popularity among immigration attorneys, although the actual number of cases that proceed to litigation remains low.
Key Details:
- Refiling is a common option for those whose EB-1A cases are denied.
- Building a stronger profile before refiling can improve chances of approval.
- Litigation against USCIS is becoming more common, but only a small percentage of denied cases pursue this route.
- Attorneys advise against litigation for weak cases, as negative outcomes can impact future applicants.
For those considering litigation, it is crucial to ensure that the government did not follow proper procedures during the review process. This option, while increasingly utilized, should be approached with caution and only in appropriate circumstances.
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Source: Emily Singer Hurvitz