10 Common Pitfalls That Occur During the EB-1A Petition Process (and What You Can Do to Fix Them)

Filing an EB-1A petition is a critical step for individuals with extraordinary ability seeking permanent residency in the U.S., and it requires far more than simply showcasing professional accomplishments. You must provide compelling, well-documented evidence that clearly demonstrates sustained national or international acclaim and positions you at the top of your field. With denial rates trending upward industry wide [1], even minor oversights can lead to significant setbacks–wasting time, resources, and potentially impacting broader immigration plans. To better prepare, it's important to understand 10 of the most common pitfalls that can occur during the EB-1A petition process and what you can do to fix them.

1. Misunderstanding the eligibility standard. Advanced degrees, years of experience, or having advanced skills do not qualify you on their own. Evidence of impact on the field is required to prove that you are one of the small percentage who has risen to the very top of your field. 

   → Fix: Focus on sustained national or international acclaim, not just competence or seniority. Provide evidence of how you have impacted the field, not just how you have made an impact for your employer.

2. Weak evidence for the 10 regulatory criteria. Meeting 3 of the 10 criteria is not enough. The goal is not merely to check off a box showing you meet the criteria. The information you present to fulfill the criteria must, more importantly, prove how you are at the top of your field. Submitting generic or insufficient documentation to simply meet the criteria is insufficient. 

   → Fix: Provide objective, verifiable, and substantial evidence. Ensure the evidence provided avoids potentially fraudulent journals, awards, or memberships. Think press coverage, expert letters, awards with significance, etc.

   
   

3. Over-reliance on expert letters. Letters of recommendation are important, but they cannot carry your case alone. Submitting too many letters that all say the same things, especially if those assertions lack corroboration by objective evidence, may actually hurt your case. → Fix: Provide corroborating objective evidence for statements made in letters of recommendation so that the assertions made do not stand alone.

   
   

4. Failure to show sustained acclaim–highlighting only a recent award or publication without showing a track record. USCIS wants to see a pattern of recognition, not just a single success or recent achievements. → Fix: Show a consistent history of achievement, including past and ongoing impact.

   
   

5. Insufficient documentation–making subjective claims, unsupported by data or other evidence. For example, you cannot merely say you made an original contribution. It must be supported by metrics and other objective evidence to show the impact it has made in your field, not just to your employer. Also, an over-reliance on AI to gather evidence for your case can result in a petition that has good information, but lacks the corroborating objective evidence that places you at the top of your field. → Fix: Do not rely on AI to gather your evidence. Include objective evidence such as metrics, proof of adoption of your work in the field, testimonials from experts who relied on your work, and company organizational charts. 

   
   

6. Failure to begin the EB-1A process early enough. The EB-1A has a lengthy preparation process, often taking weeks or even months just to prepare to file. Delaying the process can jeopardize your legal stay if you have time-sensitive immigration needs, particularly if USCIS issues an RFE (Request for Evidence) or NOID (Notice of Intent to Deny), which require more time to respond thoroughly. Some people can miss out on key accomplishment opportunities simply because they did not plan early enough. → Fix: Do not delay your preparation for filing. Waiting too long might mean you are racing against visa deadlines, and filing early gives opportunity to leverage recent achievements while they are relevant.

   
   

7. Inadequate documentation of future work in the U.S.–not submitting a detailed plan or evidence of future work in the U.S. → Fix: Create a personal statement with sufficient explanation of future plans to benefit the U.S. in your field. Evidence may include job offers, contracts, or project descriptions.

   
   

8. DIY filings without legal strategy–relying on Reddit, coaches, and others not legally trained to build your case. EB-1A cases are not just paperwork; they are legal arguments. The quality of how you frame your case matters as much as the evidence. → Fix: Hire an attorney. If not hiring an attorney, study approved cases and legal interpretations to build a strategically-sound petition.

   
   

9. Not addressing potential weaknesses head-on–hiding weaknesses or failing to explain anomalies (i.e., gaps in your career, limited media coverage, etc.). USCIS officers are trained to find gaps or inconsistencies. → Fix: Anticipate potential questions, proactively provide context, and explain weaknesses.

   
   

10. Lack of field clarity–using a vague or broad description, such as “science” or “artificial intelligence.” It is a common mistake to think that showing diversity of authorship or judging improves your image. However,  identifying a breadth of subjects in your petition is not necessarily a good thing, as it does not show your expertise in one particular field. → Fix: Define a specific field, where your expertise is clear and defensible.

Of course there are other common pitfalls, but these 10 are issues we have identified that frequently come up. Please remember, USCIS is determined to identify real evidence at this time. Anyone who commits fraud or has evidence that portrays an image that you are trying to deceive USCIS runs the risk of denial or potentially harsher consequences. It is absolutely vital when preparing your EB-1 petition that you do so with the best evidence, strategy, and with integrity to ensure the best possible outcome.

The strength of an EB-1A petition largely depends on thorough preparation and the ability to avoid common pitfalls. By crafting a strategically organized, well-documented, and compelling case, applicants can greatly enhance their chances of success and fully leverage the opportunities offered by this prestigious immigration pathway.

Book a no-commitment consultation to see if our experienced legal team can help you with your EB-1A goals.

References:

1. Based on USCIS data released on October 8, 2025 for the current fiscal year. Rates are approximate due to pending applications being carried over from previous fiscal quarters/carried over to the next fiscal quarter. Approximate denial rates by fiscal quarter: Q1 11.7%; Q2 11.9%; Q3 16.5%

This post is part 15 of a new 17-week series published every Wednesday. Each post is written by a different employee of Lisonbee Immigration Law about a immigration topic of their choosing. This post was written by legal writer Jami Blomstedt.