Need Guidance: EB1-A Denied, EB2-NIW Pending
I’m looking for some honest guidance regarding my immigration situation and wanted to see if anyone here has gone through something similar.
I originally filed my EB2-NIW on June 13, 2025 with normal processing. While waiting, I continued strengthening my profile and later had my case evaluated by Chen Immigration for EB1-A. They accepted my case, and I filed EB1-A in January 2026 with premium processing.
Unfortunately, after around 14 days, I received an RFE. The officer mainly challenged the “Original Contributions of Major Significance” criteria. My attorney told me upfront that this officer is known to be extremely strict and reportedly has a very low approval rate with their firm (around 7%). We responded to the RFE on April 24, 2026, but around 10 days later the case was denied. I still haven’t received the official denial notice yet, so I don’t know the exact reasoning.
Now I’m trying to figure out the best next step.
My profile overall:
- 30+ research papers
- 800+ citations
- 60+ peer reviews for Q1 journals
- Ongoing active research work
- Strong publication/review record overall
My lawyer is suggesting refiling because a different officer may review the case next time. I’m also considering upgrading my pending EB2-NIW to premium processing for peace of mind.
My questions:
- Has anyone here been denied EB1-A and later approved after refiling?
- Is it worth paying for premium processing on EB2-NIW in my situation?
- Does officer assignment really make a big difference in EB1-A outcomes?
- For people with strong research profiles, what evidence helped most for “Original Contributions of Major Significance”?
Would really appreciate honest feedback or experiences from others who went through this process.