Feeling pretty gutted right now and could use some advice from those who’ve been through the EB-1A ringer.
I just received a denial on my I-140. The frustrating part? USCIS actually conceded that I met 4 of the regulatory criteria (the image from my notice is attached). They agreed that I established:
- Prizes/Awards (Nationally/Internationally recognized)
- Judging (Work of others in the field)
- Original Contributions (Major significance)
- Leading/Critical Role (For distinguished organizations)
Despite meeting more than the required 3 criteria, the officer denied me at the Final Merit Determination (Step 2). The reasoning was the typical "vague" boilerplate: essentially saying that while I met the technical requirements, the "totality of the evidence" didn't prove I’m among the small percentage at the very top of the field or that I have sustained acclaim.
I filed with a well-known immigration law firm, and we spent months on the response. Now that the denial is here, I’m trying to figure out the best path forward. My firm is suggesting a few paths, but I want to hear from the community
- Refile: Should I just start over? Maybe with a different firm or a totally different "narrative" strategy?
- Appeal (I-290B): Is it worth appealing to the AAO? I’ve heard they rarely overturn FMD denials unless there’s a massive legal error.
- Motion to Reconsider/Reopen: Has anyone had luck with this specifically for "Final Merit" denials?
- The "Mukherji v. Miller" Angle: I’ve seen some buzz about this 2026 court ruling where a judge called out USCIS for these "arbitrary" Step 2 denials when criteria are met. Is it worth bringing this up in a refile or appeal?
Has anyone here successfully overcome a Step 2 denial? Did you stay with your original firm or switch?
Appreciate any insights or "success after failure" stories you can share. This process is exhausting!!