Steps to Take After an O-1 Visa Denial

Receiving an O-1 visa denial can be disheartening, but it is not necessarily the end of the road. With the right steps, you may address the issues that led to the denial and improve your chances of success in the future. Below, we outline the common reasons for O-1 visa denials and the actions you can take to move forward.

Common Reasons for O-1 Visa Denials

1. Insufficient Evidence: Lack of adequate documentation to prove extraordinary ability often leads to a denial. This may result in a Request for Evidence (RFE) from USCIS.
2. Failure to Meet Eligibility Requirements: Denials can occur if the applicant does not meet the O-1 visa criteria.
3. Employment Sponsorship Issues: Problems with the U.S. sponsor, such as discrepancies in the employment relationship or the sponsor’s qualifications, can lead to rejection.
4. Incomplete Application: Missing forms, insufficient supporting evidence, or errors in the application may result in denial.

Steps to Take After an O-1 Visa Denial

1. Review the Notice of Denial Carefully analyze the USCIS denial notice to understand the reasons for rejection. This document will outline the deficiencies in your application and provide a starting point for corrective actions.
2. Consult an Experienced Immigration Attorney Engage a skilled business immigration lawyer to help you interpret the denial notice and assess your options for addressing the issues.
3. Collect Additional Evidence Address the concerns raised in the denial notice by gathering stronger evidence. This may include:
   • Updated employment offers or contracts.
   • Letters of recommendation.
   • Proof of industry recognition, such as awards, media coverage, or critical acclaim.

Post-Denial Options

1. Re-file the Application If the issues are resolvable with stronger evidence or additional documentation, re-filing may be the best course of action.
2. File a Motion to Reopen This option is suitable if there is new evidence that was unavailable during the initial filing.
3. File a Motion to Reconsider If the denial occurred due to a misapplication of law or policy, you may request USCIS to reconsider its decision.
4. Appeal to the Administrative Appeals Office (AAO) If major issues remain unresolved, filing Form I-290B to appeal the decision may be appropriate. Appeals must typically be filed within 30 days of receiving the denial notice (33 days if the notice was mailed).

Contact an O-1 Visa Lawyer

Navigating the aftermath of an O-1 visa denial requires professional guidance. Our experienced New York City O-1 visa attorneys at The Law Offices of Elsa Ayoub can provide the legal support you need to strengthen your case and move forward.