If your EB1A visa application is denied, it is important to remain calm and informed. Immigration attorney Toni Xu emphasizes that a denial will not affect an approved I-140 based on EB2 or EB3 categories, nor will it invalidate your approved H-1B, O-1, or L-1 visas. A denial can feel discouraging, especially if it is based on final merits, but it is not the end of your immigration journey.
Key Details:
- A denied EB1A application does not impact other approved immigration statuses.
- Options after denial include motions to reopen, appeals, and litigation.
- Motions and appeals often have low success rates, according to immigration attorneys.
- Litigation is a viable option, but applicants should be aware of its complexities and duration.
For those facing a denial, it is crucial to approach the situation thoughtfully and seek professional guidance. Remember, a denial is merely a bump in the road, and there are pathways to pursue further action.
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Source: Toni Xu (Immigration attorney)
