EB-1C Denial: Top 6 reasons for Rejection | SGM Law Group

EB-1C Denial: Top 6 reasons for Rejection | SGM Law Group

EB-1C Denial

Every aspect of immigration law is fraught with complications. Sometimes, despite doing everything the right way, you can still get a denial. When it comes to a green card as distinguished as the EB-1C, a denial can be devastating. In this article, we delve into the reasons behind an EB-1C denial and how to avoid it.

EB-1C Background

Before we take a look at the reasons for denial, let’s first find out what goes into an EB-1C green card.

The EB-1C is an immigrant visa designed to grant lawful permanent resident status to the managers and executives of multinational companies that have a branch in the United States. In order to qualify, both you and your employer need to fulfill certain requirements.

Requirements for you

You must have maintained employment with the company for at least one continuous year in the three years leading up to your green card petition. You must also have the intention of immigrating to the U.S. to work in an executive or managerial capacity for the employer.

Requirements for your employer

Your employer must be a U.S. employer that has been doing business in the U.S. for at least one year. They must also have an office, branch, or affiliate overseas that has employed you for this transfer.

Why Was My EB-1C Denied?

So now that we know the basic overview for the EB-1C green card, we can get a better idea of what the USCIS is looking for when processing petitions. WSo, without further ado, here are the top 6 reasons for EB-1C denial.

1. Fees Were Insufficient

One of the common reasons for any visa denial is filing the wrong fees to the wrong places and it still stands as one of the common EB-1C rejection reasons. Due to the ever-changing nature of immigration law, fees and filing structures are also fluctuating. With new laws and policies being put into place each year, it shouldn’t surprise us that the fees change as well.

For example in December of 2016, the USCIS introduced a new fee schedule to a good portion of their visa forms and petitions. The fees from last year no longer apply, causing quite a few problems to those who failed to be updated on the new schedule.

Filing the wrong fees often results in a rejection, meaning that the petition never reached the decision-making stage and was sent back to the petitioner. However, there have been some rare cases in which the USCIS issued an outright EB-1C denial on account of insufficient fees. To avoid this delay, be sure to check the USCIS website for the latest fees or have your immigration attorney handle the fee payment.

2. Inconsistent Information

This reason may seem self-explanatory, but it deserves to be acknowledged in this list. While it remains a simple mistake, it’s one that many petitioners end up making. Double, even triple-checking your information can save you a great deal of headache in the future. Too many petitioners are concerned with getting their petition in as soon as possible and neglect to proofread their information.

The USCIS will either reject or deny your petition on account of incorrect, inconsistent, or missing information. This can cost you both time and money as the petition will need to be resubmitted with a new filing fee.

Avoiding this mistake is simple, make sure that each piece of information is accurate and matches the rest of your documentation. This is another problem that can easily be avoided by having an immigration attorney file your petition.

3. Criminal History/ Violation of Status

When you file your petition, the USCIS will conduct background checks to ensure that you do not have a criminal history in the U.S. or in your own country. Your case will also be examined to see if you have ever been in violation of your visa status in the past. If a crime or violation is found, then it goes without saying that your petition is likely to be denied depending on the nature and severity of the crime or violation.

While avoiding criminal activity is common sense, being in violation of your status may be more of a threat to your case. Overstaying your visa or being considered “out of status” can not only place a temporary bar on your entry into the U.S., it can damage your chances of obtaining visas in the future.

4. You Do Not Qualify

There are plenty of examples of companies that promote an underqualified worker to management for the sole purpose of obtaining a green card. Many of these are rejected due to the fact that the worker has not been a manager for at least one year and the fact that the worker lacks the necessary qualifications to effectively manage.

This may not be the case and you might be qualified, but your petition may still be denied if your qualifications are not apparent in your petition. To avoid this, be sure that your petition includes all of the necessary evidence pointing to your management ability.

5. InAbility to Pay Proposed Wages

Like many of the employment-based green cards, the EB-1C petition requires an offer of employment in order to qualify. That job offer must include the salary or wages that the company promises to pay you. In addition, your employer must demonstrate the capacity to pay you this wage.

According to the regulations, the way to prove that the wage can be paid is through showing the company’s net income, current assets, annual reports, federal tax returns, and financial statements. It also helps if you have already been making this wage during your employment with the company.

Failure to demonstrate that your employer is able to pay the proposed wage for your position is one of the more common EB-1C rejection reasons we see. Work with your immigration attorney to make sure all of your financial documents are in order.

6. Job Description Does Not Qualify

There are many things you can do to avoid an EB-1C denial, but this last reason seems to snag more petitioners than it should. The USCIS lays out what a manager or executive looks like in detail.

A manager should:

  • Oversee the day-to-day work of employees, be in charge of their wages, and have the power to hire and fire.
  • Supervise a function or department of the company.

An executive should:

  • Supervise the work of managers within the company.
  • Be able to make large decisions for the company without substantial supervision.
  • Have the ability to create goals and policies for the company.

There are some positions that have the title of manager or executive (such as account manager) that do not require the employee to fulfill the tasks above. These positions do not qualify for this green card and attempting to apply through them will most likely result in an EB-1C denial.

EB-1C Denial Rate

The USCIS keeps a relatively outdated set of statistics on their website concerning the denial rates for certain green cards. In 2010, the EB-1A denial rate was 38% with 3,200 petitions being approved and 1,998 being denied. According to the chart, this denial rate is lower than most, sometimes even reaching over 50%.

The EB-1B denial rate is much lower, showing that in the same year, only 306 of a total of 3,140 petitions were denied with a calculated denial rate of only 9%.

Unfortunately, the chart does not give the statistics for the EB-1C denial rate. However, your immigration attorney may have a good idea of what your chances are based on their previous successes.

What to Do After an EB-1C Denial

If you heed the above reasons for denial and hire an immigration attorney, you will be setting yourself up for success. However, if you have already received an EB-1C denial and are looking for what to do next, there are some options to consider with your lawyer.

Re-file

In almost all circumstances, you will have the opportunity to re-file with the USCIS. If you have filed your case either by yourself or with a different attorney, you may want to consider finding a new avenue for filing. If you obtain new evidence or had a simple mistake in your petition that resulted in rejection, re-filing may be the first move that you make.

If the denial was due to a more serious issue such as a lack of qualifications or a criminal history, simply re-filing will most likely only result in a second denial. In this case, new evidence of a change of circumstances would be required to take either of the two options below.

Can I Appeal?

There is a possibility that you can appeal the decision to a third party, but there are some caveats to consider. Appealing requires you to file with the Administrative Appeals Office (AAO) and can take a very long time to process. In addition to this, the AAO upholds the decision more often than not, meaning that time will be wasted.

Keep in mind that appealing is only available to applicants who are currently in the U.S. If you are denied by the consulate, you will most likely receive an EB-1C denial notice stating that the decision cannot be appealed.

If you do decide to appeal, do so with an attorney. Stepping into the realm of appeals is not to be done without an expert. Save yourself a substantial amount of time and trouble by getting legal help with your appeals.

Motion to Reconsider

Another option is to file a motion to reconsider. This is a request for the original entity (i.e. the USCIS) to reconsider the case if new circumstances or evidence has arisen. This last part is essential. If you simply file a motion to reconsider without presenting new evidence, your motion will likely be denied. Work with your attorney to find a way to bring new information to light

Consider the Alternatives

Lastly, though it may not be ideal, you may want to contemplate switching your goal to a different green card. Even if you don’t qualify for an EB-1C, you still may be eligible for an EB-2 or and EB-3 green card. Speak with your attorney to determine the options that may be available to you after an EB-1C denial.

How Our Immigration Attorneys Can Help

As we’ve said a few times in this article, the best way to avoid an EB-1C denial is to have an expert handle your case. At our office here at SGM Law Group, we find that the cases that get denied are almost always done without an attorney. With years of experience dealing with employment-based immigration, our lawyers can help you cross every “T” and dot every “i”.

From gathering evidence to support your case to handling the minutiae of filing, you can rest assured that your case is in the right hands. To get your immigration journey started or to receive help for your EB-1C denial, go ahead and fill out this contact form and let us schedule your consultation today.

Published at Thu, 27 Jul 2017 13:00:20 +0000


How A 21-Year-Old Attorney Fulfilled His Life Purpose Through Higher Education

How A 21-Year-Old Attorney Fulfilled His Life Purpose Through Higher Education

http://www.collegeplus.org/john – CollegePlus grad John Shea earned his bachelor’s at age 17, got a scholarship to law school, and now at age 21 is on the verge of becoming an attorney in New York City. Check out his video to learn how the CollegePlus future-focused approach to education helped John achieve his unique life purpose.


nyc-lawyers

The Fight Against New York City Lawyers

The Fight Against New York City Lawyers

Get the Scoop on New York City Lawyers Before You are Too Late

Whether you are residing in NYC for years or you have just moved in, you must always bear in mind that it is hard to secure a fantastic job in this portion of the earth. New York is among the costliest cities to reside in the States. It is found in the western part of New York.

new York city lawyers

Life After New York City Lawyers

The larger quantity of lawyers will provide more expertise in a particular field of private injury law, and so it will be simpler to handle a broader range of legal problems. Among the most straightforward questions that individuals have nowadays is that they desire to leave selected assets and priced possessions they have to their nearest and dearest as soon as they pass on. Many people do not know even where to begin if they wish to do this and this report is quite a good place to start. It is the duty of the private injury lawyer to look into the event of a casualty of individual injury to make sure all details are gathered so an active game can be made. In many instances, it is the obligation of the supervisor to wash, repair, and train workers on the correct usage of these things.

In some instances an attorney will run a solo practice, however more frequently than not, they will only take on instances in which they are fully specialized. Some lawyers are not going to take the case whenever they do not bring in a particular quantity of profit, or in the event, the claim is too confusing. Once you have met with each attorney, be certain to follow-up with them. It is crucial you have an attorney who’s competent and honest and knows the way to patent an invention. The actuality is that excellent trial lawyers should have the skills of an appropriate justifier. A seasoned and extremely talented lawyer will help his client in receiving the justice. Having the correct patent lawyer is significant since it has to be written carefully.

Whether you are the casualty of the mishap or somebody you love, we know you would like to select a personal injury attorney who will place your family’s needs first. You will discover that it is so a lot easier to recover from a collision or injury whenever you have the support of lawyers since they understand what your rights are and they can help you fight for them. Even if it is the case that the injury appears to be minor at first, it might get worse, and should you go to court to acquire compensation your physician is going to be asked to give a medical report. It does not have to be physical. Whether you have been hurt in an auto collision, on the job, as a result of a faulty item, or anything of this sort, it does not matter. Even if it is the case that the negligence was unintentional, it does not matter in the view of the law.

Currently, most attorneys request a proportion of the settlement for a fee. There are tons of attorneys in NYC who will be happy to meet with you to discover if you would like to hire them for your personal injury case. New York State laws require employers to purchase insurance that will supply compensation advantages to their employees in the event of an injury at work. Also, it is important that you know whether the attorney will address the case or pass it to somebody else. A health malpractice lawyer will also have the ability to go through each one of the essential documents that you received from the hospitals. Hiring the most suitable attorney to represent you is among the most crucial decisions you will ever make and is essential to getting fair and adequate repayment for your pain and suffering. To get the very best New York attorney, Buffalo NY is certainly the ideal alternative.

Things You Should Know About New York City Lawyers

Understand what you ought to expect from your attorney and what your attorney ought to expect from you. The attorney will assist the victim to claim for those damages that happened to her or him. The lawyers are very talented they know well how to deal with the situation. The injury attorney can provide several regular options about how to pay them. Personal injury lawyers have professional qualifications which are why they have the ability to bargain with any legal case linked to this. In this instance, you start looking for personal injury lawyers. You first need to be quite clear regarding the things which you would like to ask the personal injury attorney in New York or some other location.

New York construction workers who’ve been injured at work might be entitled to damages beyond workers’ compensation, based on the circumstance and kind of New York building crash. To put it differently, there aren’t any means of knowing how much time it will take you to secure work in NYC. Given these reasons, of course, the ideal time to request a home inspection is before putting it on the market. Many people always have a challenging time locating an excellent job after completing their degrees. Plenty of individuals does not have an idea it can be in their very best interest to employ a foreclosure defense lawyer and fight the bank. It is just you could not stick to that plan in the very first spot.