28 Reasons why O-1 Visa and EB-1 Green Cards are rejected or denied

Published by Mei in General | Updated 2024

This article will help you if you have been RFE’d, Denied or preparing to file.

Most of these reasons are preventable and solvable.

The Petition Letter

Many artists that we know message us after they have received an RFE (Request for Evidence) on their attorney filed applications. In preparing the RFE the attorney usually asks the artist to get ‘more stuff’ to bolster the response. Our number one suggestion is re-reading the Petition Letter submitted on their behalf. We are always shocked by how few artists read this letter before it is submitted. You sign a testimony to state that what is submitted is true and correct – it is your responsibility to confirm that everything in this letter represents you and your career. Many of the issues regarding Rejections/Denials usually come from simple errors in the application.

If you have been denied or have received an RFE don’t panic – have a read of our Request for Further Evidence document and [requirements for O1A, O1B and EB1]

1. Incorrect Interpretations of the USCIS Criteria

The USCIS criteria are clearly defined – requirements check them out on our site – but still petitions are filed with outdated interpretations, eg. performer applicants sometimes erroneously submit under the USCIS criteria “Leading and Critical Role” interpreting this as their ‘role’ on stage or on a film set – this is not what is required here. A simple tweak of your wording in your argument should help you succeed in your reapplication or RFE response if this criterion was you stumbling block.

Your visa may be denied if your petition letter did not fully understand the requirements; you not only need to prove extraordinary ability/achievement, but, show sustained national or international acclaim, your intention to continue to work in the area of your expertise and that you will substantially benefit prospectively the United States.

2. Combining Criteria Arguments on the Petition Letter

Each criteria should be argued one at a time. Your role is to make life easy for the examiner – not yourself. To help the examiner check their boxes that you satisfy 3 criteria each must be fully discussed separately. This is the second most common reason for petition letter based denials. This is an easy fix in your petition letter. Rewrite your letter and resubmit.

3. Petition Letter does not Match the Evidence

You sign a testimony to state that what is submitted is true and correct. It is your responsibility to confirm that everything in your petition letter matches your evidence. The most common error is date formatting – an award may have been received by you on the 9th of January, 2023 which in the US is formatted 01/09/2023, if it appears as 09/01/23, as is the common format worldwide, it can be flagged as potentially fraudulent. Another example may be if an article misspelt your name in your evidence; this should be pointed out in your petition letter. Before submitting spell check and fact check your application. Read our Sponsor information too. A bad sponsor can also result in a denial.

4. Fraudulent Evidence

There have been cases where applicants that are very efficient with Photoshop and other graphic design programs edit their evidence with overlaid digital arrows or highlighting. In the eyes of the USCIS this can be perceived as doctored and so cannot be used as evidence in your case. The USCIS look for inconsistencies, mistakes and incomplete facts. It is recommended that you keep your evidence as real and as close to the format that it was presented in originally. Submit photocopies or printed screenshots with hand drawn markers.

5. Missing Evidence

Triple check that all the evidence you need is ready.  Use one of our Evidence Index List [here]. Most common documents that are left out: Passports with only 5 months left, Marriage Papers, Divorce Papers, Adoption Papers etc., translations for each document and translators certificate. Any documents not originally in English, such as birth certificates or marriage certificates, must be translated into English when you submit your application. You must include both the translation and a copy of the original version of the document in your application. All provided translations must be certified, the translator provides a written certification stating that they have accurately translated the document’s contents. The translator’s certification should include their name, address, signature, and date they wrote the translation.

Be sure that you have submitted these photos and that they satisfy all government requirements.

6. Submitted Without Petition Letters

Believe it or not there is a percentage of applicants that submit their forms for the extraordinary green cards and 01 visas not understanding that they must be accompanied by a [petition letter]. A petition letter is where you argue your case as to why you are extraordinary and show the examiner how your evidence supports your case. The USCIS give us the extraordinary ability requirements for the EB1 and for the O1 visa. Read the [Petition Letter information here]

7. Incomplete Applications

USCIS receive unsigned forms all the time. For most applications there are more than one form to be submitted. It is imperative that you ensure that you gather all the forms and information necessary to complete your application and submit them all at once. They receive so many applications daily and your application may be separated and sent to different processing centers that to submit your application piecemeal is simply not an option. It is a nightmare for the administration. Doing this can easily result in lost paper work and a denial. Premium Processing is one form that often trips up applicants.

Your information on all forms should be in English. If you are using a translator you need them to sign your application or if using an attorney they should sign too. There are many places that you must sign your name to testify on your application, ensure you do this. All signatures on application forms must be original “wet ink” signatures. This means you must sign with a pen. USCIS will not accept electronic signatures.

You must fill out all green card application forms entirely. Even if a question does not apply to your specific circumstances, you should not leave it blank. Instead, you should write “N/A” to signify that a particular question does not apply to you or your sponsor.

8. Your Examiner

From what we have gathered most examiners for the extraordinary visas are science focused, they may not readily relate to your artist application. If you are hit with an extremely detailed RFE you can do your best to respond with evidence for every ask as much as possible. If you are still denied you can respond to the NOID (Notice of Intent to Deny) too. If all else fails and you believe in your application re-submit the same application in the hopes that you get another examiner that will agree with your arguments.

9. Incorrect Fees Paid at Time of Filing

They are funded solely by fees. It is important to check the USCIS form pages for the most up to date fees at the time of your application. It is your responsibility to confirm current prices before submitting. Many believe that the fees are expensive. Think through everybody that will touch your application. The person who collects your application in the mailroom, the people who scan your application in on the office, then the examiner who reads your application, when it is approved it gets sent to the National Visa Center, those officers then look at all of your other information and send your application to the FBI to be checked, from there it may go to a Embassy/Consulate or to an immigration interview session where you will be interviewed. The visa application fee really is a good deal when you consider all the employees that get paid to look after your application. Your fee also subsidizes refugees, battered spouse applicants and others in need of protection.

10. Incorrect Forms Submitted at Time of Filing

The USCIS update their forms too. Administration changes can mean updated forms. The pandemic brought in other form changes, for example, updates to the Medical Form. It is your responsibility to confirm current forms on the USCIS website.

11. Errors on Forms

All forms are in English – even if your mastery of English is excellent it is worth having your forms and petition letter proof-read. Language difficulties account for so many errors. Note, many applicants accidentally enter their birth date in the wrong format. It should be US format MM/DD/YYYY. The name on the form should be your birth name and correspond with the government documents that you have from your home country not your stage name/nickname.

12. Inability to follow Instructions

The USCIS need you to follow instructions. Doing this helps them speedily process your case. If the form asks for you to write in Black ink you don’t use Red. The USCIS use a machine to read and enter your application digitally. The red ink cannot be read by this machine. If your application cannot be read it may not be manually typed into the system and so you run the risk of your application being denied. They do not offer refunds so your application fees will be lost.

If you are going through Consular Processing and their requirements are that you give them a stamped self addressed envelope of a particular size – do not go to your interview without it.  This may come across as basic common sense but we were witness to this at our consulate interview. In fact the person in front asked the officer if they had a stamp they could buy “We are the US Embassy not the Postal Service was the response.” Obviously they were not getting their visa that day. They were instructed to make another appointment and return fully prepared. Don’t be that person. If you are applying for the genius visa don’t let not following basic instructions be your downfall.

You will receive notices of next steps, follow them.

13. Not responding to an RFE

1 in 5 applications results in an RFE (Requests for Further Evidence). RFEs typically list out the evidence you submitted in your application and suggestions of evidence the examiner needs to approve your application. Your RFE will contain a response deadline to submit that evidence. If you miss your response deadline, USCIS will deny your green card application. [Learn how to avoid RFEs here.] Many people can be overwhelmed and don’t respond. Make note of the deadline and get to work. The majority of applicants that respond are approved. GO FOR IT!

14. Outdated Medical Form

Medical Forms update regularly. It is your responsibility to confirm current form number on the USCIS website. Please do not rely on the Civil Surgeon you are seeing to have the correct Medical Form. Bring your own version. On the front of their form you can see the form status. Also confirm that the doctor you are being examined by is a US government approved Civil Surgeon. Do not open the sealed envelope that the doctor gives you. This is to be sent untampered to the USCIS.

15. Health Conditions

During your Medical Exam, USCIS interview and Border Control entry you will be assessed for physical and mental disorders.

Vaccine hesitancy is a potential reason to be denied. There is a list of vaccinations required by the US and the Civil Surgeon will only sign off on your Medical if you have had them all or a produce a vaccine waiver.

If you have a communicable disease your Civil Surgeon will draw your attention to it. You will be required to seek treatment before you are permitted to enter the US. Perhaps you have returned from a country that has a current outbreak of a disease, you may be required to return after an incubation period.

If you have a history of alcohol and/or drug arrests even if you have never been diagnosed with addiction you may be found inadmissible on health grounds.

You may be deemed to be a potential ward of the public. The US Government will not want to have you enter the USA on a green card if there is a chance your ailment will prevent you from working and require government financial assistance in the future.

16. Non-disclosure of Criminal Record

If you have a criminal record it does not necessarily mean that your chances of coming to the US are impossible, but, it is imperative that you are upfront and honest about it. If you fail to mention it on your application you are running the risk of your application being rejected. The USCIS run FBI checks on you. It is best that if they find something that you have mentioned previously.

Investigate how you can prove that you are worthy of a visa. Perhaps you can show evidence of having served your time, show you have worked hard on proving yourself as a valuable member of society since.

17. US National Security

You may have the same name as a terrorist or an international wanted criminal. This happens more often than you might think. Even a similar family member name can trigger a denial. This will be indicated by a code in your denial letter. It is imperative that you respond to this and rectify the error as fast as possible.

18. Never showed up for the required Appointments or Missed Deadlines

Many people get approved for their visa and then miss the final interview. You would be very surprised how often this happens! This can happen for a number of reasons, such as forgetting to check their email, not updating their mailing address, or not being aware of the next steps in the process.

Here are some tips to avoid missing your final interview:

• Check your email regularly, especially the email address you used for your visa application.
• Update your mailing address with USCIS if you have moved.
• Be aware of the next steps in the process. This includes the National Visa Center (NVC) request, the interview with your local US Embassy/Consulate office, and any potential requests for further evidence (RFEs).
• Set a calendar alarm for any upcoming deadlines.

By following these tips, you can help to ensure that you do not miss your final interview and that your O-1 visa application is successful.

19. Prior Removals or Overstay of Previous Visa

When you enter the USA on a visa make note of the I-94 – the expiration date here is the last day you are allowed stay in the USA. Anything over this date is classified as an overstay. If you overstay in the USA without a visa you should be strategic in judging when to reapply. You begin to accrue unlawful presence – amount of time you spend in the United States without lawful immigration status – the day after your authorized period of stay expires.

There are consequences based on the length of your unlawful presence, a 3-year bar if you stay 180 days or more (but less than one year) or if you stay longer a 10-year bar. If you are in the US without lawful immigration status you can also risk deportation.

If you have overstayed by a couple of days or weeks coming back to the USA is not impossible. It is by the discretion of the Custom and Border Patrol to allow you entry. Perhaps there was a good excuse for your overstay – if so, have evidence with you. Also, have evidence that your presence is required back in your home country – family, work or medical reasons and have evidence of a return flight booked if you are coming to the US on a temporary visa or on vacation. If you are interviewing at a Consulate you must provide proof to convince them that you will not repeat your past behavior and overstay. If you overstayed longer you might consider filing Form I-601A Provisional Unlawful Presence Waiver. This can be filed from within the US.

It is recommended that you find an attorney that specializes in overstays of visas to guide you through this process.

It is very important that you do not overstay and that you are in the US legally, especially, if you are an artist and potentially in the public eye. As your success increases so too does the risk of your deportation. You must consider your future.

20. Previously worked illegally in the USA

Be aware of the limitations of your work visa. If you are an artist on an O-1 visa, you are only allowed to work in the United States for the employer who sponsored your visa. If you are caught working for another employer, you could be deported.

In one case, an artist was working in the United States on an O-1 visa. They returned from a vacation abroad and had their bag searched by CBP. They found a car dealership business card with the artist’s name on it. The artist was deported for working illegally in the United States.

It is important to understand the limitations of your work visa and work within those confines. This is why if you are on an O-1 visa, your sponsor is incredibly important. Your sponsor can help you to understand the rules and regulations of your visa and to avoid making any mistakes.

Some musicians have previously played music festivals in the United States without a visa. They may have received a fee for their performance. If this is public knowledge, it could get them barred from re-entering the United States.

Artists in the public eye should act smart and take a chance and ruin their future in the United States.

21. USCIS or your Consulate made Processing Errors

USCIS and Consular processing errors can happen. This could include misspelling your name, incorrectly listing your date of birth, or mislaying your notices. It is important to read everything carefully when you receive your visa documents.

Recently, an actor noticed that her O visa was awarded and stamped into her passport in her stage name, not her official government name. She quickly followed up with the consular office, and they were able to correct the error within a few days. Another actor, only when submitting his O visa renewal discovered his agent was not listed as his sponsor but his attorney! He instead filed a [Change of Sponsor] application.

If you find an error in your visa documents, do not panic. Contact the consular office as soon as possible and they will correct.

Here are some tips for avoiding consular processing errors:

• Make sure that all of your information is correct on your application form.
• Double-check your documents before you submit them.
• Ask questions if you are not sure about something.
• Be patient. It may take some time for the consular office to process your application.

22. Received a ‘No’ at the Interview

Your interview is an important part of the EB-1A/O-1 visa application process. During your interview, you will be asked questions about your extraordinary ability in your field. It is important to be prepared for these questions and to have your evidence package with you.

The USCIS officer will want to know why you are extraordinary. They will want to see evidence of your achievements, such as awards, publications, and critical acclaim. They will also want to know how you have made a significant contribution to your field.

If you have written your own petition, you should be familiar with the criteria for extraordinary ability. If you applied using an attorney you should be able to explain how you meet the criteria and why you are eligible for an EB-1A visa.

Here is the USCIS note about it.

If you are denied at this consular interview you can take these steps to change their decision.

• You can reapply. This is the most common option. When you reapply, you will need to address the reasons for your denial. For example, if you were denied the O visa because you did not have enough ties to your home country, you will need to provide more evidence of your ties.

• **You can request a reconsideration. This is a less common option. When you request a reconsideration, you will ask the consular officer to review your case again. You will need to provide new evidence that supports your application.

• **You can **file a **petition for administrative review. This is the least common option. When you file a petition for administrative review, you ask the Department of State to review your case. The Department of State will appoint an immigration judge to review your case.

The best option for you will depend on the specific circumstances of your case.

Here are some additional tips for increasing your chances of success if you are denied a visa at the consular interview:

Be prepared. Make sure you are familiar with the requirements for the visa you are applying for. You should also be prepared to answer questions about your reasons for travel and your ties to your home country.
Be professional. Dress appropriately and be polite and respectful to the consular officer.
Be clear and concise. Answer the consular officer’s questions clearly and concisely. Do not volunteer any information that is not asked for.
Be persistent. If you are denied a visa, do not give up. You can reapply or request a reconsideration.

More here [Consular Interview].

23. Received a ‘No’ at the Border

You have just stepped off the long flight to JFK or LAX. You are not firing on all cylinders, perhaps a bit cranky. The Custom and Border Patrol understand this, however, if you are rude or ill-behaved this can result in you returning on the next flight home. CBP officers have the authority to deny entry to anyone they deem unfit, regardless of whether they have a visa or not. This means that it is important to be on your best behavior when you are interacting with them.

Here are some tips for avoiding being denied entry by CBP:

• Be polite and respectful to the officers.
• Your appearance matters. They can judge by your appearance if you are worthy of entry.
• Do not make any jokes or sarcastic remarks.
• Answer their questions honestly and concisely.
• Do not volunteer any information that is not asked for.
• If your behavior is erratic they can decide you unfit for entry.
• Do not refuse to allow the officers to search your belongings.
• If you are carrying prescription drugs this can also lead the officers to deciding not to let you cross the border.
• If you are asked to provide your phone or computer password, do so.
• If you have WhatsApp it downloads received images automatically – this has been the reason for many deportations.
• Be aware of virus software, some are designed to download compromising images on your computer. Give all your devices a check before you fly.
• If your devices are searched/confiscated, make sure you get a receipt for your property.
• Be aware of the laws and regulations governing entry into the United States.

Understand even if you have a visa your entry is not guaranteed. CBP Officers decisions are final and so all dealings with them should be taken seriously. It’s not the time to joke around. Act like a normal, sane human – this can be difficult as artists.

If you are denied you can fill out the Traveler Redress Inquiry Program form available from the Department of Homeland Security (DHS).

It is important to remember that CBP officers have the final say on whether or not you are allowed to enter the United States. By following these tips, you can increase your chances of being granted entry and avoid a frustrating and expensive trip home.

24. Controversial Social Media

A few years ago, a young British man was denied entry to the United States after he posted on social media “Free this week, for quick gossip/prep before I go and destroy America.” The man, who was traveling to the U.S. for a holiday, had used the word “destroy” in a slang sense to mean “epic partying.” However, the U.S. Customs and Border Protection (CBP) officer who interviewed him took the comment seriously and denied him entry.

The man’s case is a reminder that the CBP takes all threats to national security seriously, even if they are made in jest. It is important to be aware of the potential consequences of your online activity. The CBP may google you as part of their vetting process, so it is important to make sure that your online presence is free of any anti-American or threatening content.

Here are some tips for checking your online presence:

• Online search your name and any other aliases you use online
• Check your social media profiles to make sure they are set to private and that you have not posted anything that could be considered offensive or threatening
• Look for any websites or forums where you have posted comments
• If you find any content that you are concerned about, you can remove it or contact the website or forum to have it removed [Check removal agencies here]

By taking these steps, you can help to ensure that your online presence does not jeopardize your chances of entering the United States.

25. Your Case is not Strong Enough

It’s hard to hear, but if your career isn’t “extraordinary” yet, it doesn’t mean all is lost. If you are denied an EB-1A visa, it is not held against you in the future. You can always reapply once you have more experience and accomplishments.

In the meantime, here are a few things you can do to improve your chances of success. First, carefully review the USCIS criteria for extraordinary ability. Make sure that you understand what they are looking for and that you can demonstrate that you meet the requirements.

Second, focus on the three criteria that you can control. These are the criteria that you actively work on to improve your chances of success. For example, if you are a musician, focus on getting more performances in prestigious venues, record a song on your album with an artist with a higher profile, or hire a publicist for better news articles.

Finally, set a deadline for yourself and work to it. You may have to wait for another couple of contracts to come in etc. Stay motivated and focused. Track your progress and make sure that you are preparing to meet their requirements.

With hard work and dedication, you can achieve your dream of living and working in the United States.

26. No proof that you will work in your specialty

Artists who have been denied green cards because they showed that they would teach but not perform have made a common mistake. When applying for an EB-1A or O visa, it is important to demonstrate that you will continue to work in your field of extraordinary ability.

For example, if you are a concert violinist, you cannot simply show evidence that you will teach violin in the United States. You must also show evidence that you will continue to perform as a concert violinist. This could include things like upcoming performances, recordings, or invitations to perform. The same issue would be if you submit evidence as an extraordinary violin teacher but only submit furture work as a concert violinist, you must show that you intend to teach. If you can provide evidence of both the submit as both but have evidence that you intend to work in both.

Make sure that you can demonstrate that you will continue to work in your field of extraordinary ability. This will increase your chances of approval.

27. Your union is currently on strike

USCIS will deny an O petition if there is a certified strike or labor dispute involving a work stoppage in progress in the occupation at the place where you will be employed, and the employment would adversely affect the wages and working conditions of U.S. workers. If your petition has already been approved, but you have not yet entered the US the approval of the petition is automatically suspended and application for admission will be denied.

28. Claiming to be a citizen

Claiming U.S. citizenship when you are not a citizen is a federal crime. This is known as making a false claim of citizenship. It is important to be aware of the consequences of making this claim, as it can have serious implications for your immigration status.

If you are caught making a false claim of citizenship, you could face the following consequences:

• Losing your visa or green card.
• Being deported.
• Being barred from entering the United States in the future.
• Being prosecuted and facing criminal charges.

Even if you are not caught, making a false claim of citizenship can still hurt your chances of becoming a U.S. citizen in the future. If you are caught lying on your citizenship application, you could be denied citizenship.

It is important to be honest about your immigration status. If you are not a U.S. citizen, do not claim to be one. There are many ways to become a U.S. citizen legally, and there is no need to lie.

Why you found this post…

If you are here because your visa has been RFE’d, denied or perhaps you are preparing to apply – our website can help. Check it out.

A denial is not the end of the world. If you received a Notice of Intent to Deny (NOID) or final denial notice and are confident that an immigration agency has made an internal mistake while processing your application or you feel they haven’t processed your case fairly, you may be able to file an appeal with the Administrative Appeals Office (AAO). Note too, a denial is never really a denial, you can respond with a letter to a NOID with extra evidence. You can also file an appeal or motion to reopen your green card case after denial.

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All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.

If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!