Recent observations from an immigration attorney reveal a significant increase in Requests for Evidence (RFEs) and denial rates for O-1A, EB-1A, and National Interest Waiver (NIW) cases since 2025. The attorney, who has over 15 years of experience, notes that while USCIS reports high approval rates for O-1A extensions, initial filings face much higher denial rates due to increased scrutiny.
Key Details:
- Approval rates for initial O-1A filings have noticeably dropped since 2025.
- Premium processing cases show a higher approval rate without RFEs compared to regular processing.
- Many RFEs are attributed to poor presentation rather than weak qualifications.
- Self-filed cases are experiencing a significant rise in RFEs, with many applicants unaware of the complexities involved.
The current environment indicates that petitions must be presented more strategically, as USCIS employs AI to evaluate submissions. This trend underscores the importance of detailed recommendation letters and organized evidence. Immigrants facing denials may have more options than they realize, including refiling with a restructured strategy or pursuing federal court litigation in specific cases.
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Source: r/EB2_NIW