Top Reasons for EB1C Green Card Rejection and Denial

You’re an accomplished manager with a stellar track record, ready to step into a land of endless opportunities—the United States. But as you glance at the EB-1C Green Card rejection rate, the reality hits hard. The dream of a smooth transition to permanent residency feels like a rabbit hole of complications, uncertainty, and paperwork.

The clock remains ticking as you juggle responsibilities in your current role while you focus on fulfilling complex eligibility criteria. Questions pile up—have you worked in the right capacity? Is your employer’s business established enough? With every detail scrutinized, the stakes are sky-high, and one small mistake could send your dream spiraling away.

For multinational executives and managers, the EB-1C Green Card presents an alluring opportunity to bypass the lengthy PERM Labor Certification. Yet, challenges like eligibility missteps, documentation errors, and the fear of rejection loom large. This guide dives deep into the EB-1C process, helping you tackle real-world pain points and overcome obstacles on your journey to success. Let’s help you out with what makes it such a valuable option, starting with its eligibility requirements.

 

 

Eligibility Requirements for EB-1C

If you’re aiming for an EB-1C Green Card, meeting its stringent eligibility criteria is your first mission. This green card offers a unique opportunity, but the process leaves no room for error, especially with the EB-1C green card rejection rate being a crucial consideration. Here’s a detailed look at what’s required:

• Employees must have worked for at least one year in the last three years. To qualify, you must have held a managerial or executive role at a foreign company affiliated with your U.S. employer. This experience ensures you possess the leadership expertise needed for a seamless transition into your U.S. role.
• Must intend to work in an executive or managerial capacity in the U.S.: Your prospective job must involve strategic responsibilities like decision-making, team supervision, or departmental oversight. United States Citizenship and Immigration Services (USCIS) scrutinizes job roles carefully, so clear and accurate descriptions are essential.
• Employers must have a U.S. business established for at least one year:  The employer must demonstrate operational stability with documentation like business licenses, tax filings, or financial statements to validate their eligibility.
• Employers must have an overseas office or affiliate that employed the transferee: The relationship between the U.S. business and the foreign entity must be well-documented through organizational charts, contracts, and corporate records.

With the EB-1C green card rejection rate tied closely to incomplete or incorrect submissions, these criteria must be met without exception. The process can be daunting, but help is available. You will be surprised to know that even after having all these qualifications, many individuals fail to get an EB-1C visa. Let’s give you a detailed idea of what parameters increase the EB-1C green card rejection rate.

Also Read: EB-1C India Green Card Visa Bulletin Movement Predictions

Top 8 Reasons for EB-1C Denial

Many applicants face rejection not due to lack of merit but because of procedural missteps, incomplete documentation, or misconceptions about the criteria. With the EB-1C green card rejection rate remaining a concern, understanding why applications are denied is essential to creating a stronger case.

To avoid such setbacks, it’s vital to understand the common pitfalls applicants encounter and take a proactive approach to address them before filing. In this section, we’ll break down the top eight reasons for EB-1C denials and offer insights on how to sidestep these issues.

• Insufficient Fees

One of the simplest yet surprisingly common reasons for an EB-1C denial is insufficient fee payment. Whether it’s due to overlooked changes in USCIS fee structures or errors in calculating the total amount, such mistakes can lead to immediate application rejection. The process demands strict compliance with every requirement, and this includes ensuring that all filing fees are correctly paid.

USCIS provides detailed guidelines for the required fees, which may vary depending on the forms being filed and whether premium processing is requested. Applicants or their representatives should thoroughly review the most recent Fee Schedule on the USCIS website to avoid discrepancies. Additionally, payment methods must align with USCIS standards—incorrect forms of payment can also result in delays or denials.

• Health Problems

Health-related issues can impact your EB-1C Green Card application if they fail to meet U.S. immigration health standards. Here’s how health concerns can lead to complications and what you can do to avoid them:

• Mandatory medical examination: All applicants must undergo a medical exam by an authorized civil surgeon to ensure they don’t pose a public health risk.
• Communicable diseases or vaccination gaps: Conditions like tuberculosis or missing required immunizations can result in inadmissibility unless promptly addressed.
• Physical or mental disorders: Conditions associated with harmful behavior may also lead to denial unless managed effectively.
• Incomplete medical records: Failing to provide complete documentation or follow treatment recommendations can delay or jeopardize the application.
• Treatable conditions: Applicants with treatable health concerns may still qualify by demonstrating compliance with necessary medical interventions.

With the EB-1C green card rejection rate partially tied to avoidable health oversights, ensuring compliance with health requirements is essential. 

Consulting with your physician and an immigration attorney like Sweta Khandelwal can help you navigate potential challenges effectively.

• Inconsistent Information in the Application

Even minor discrepancies in your EB-1C application can lead to a Request for Evidence (RFE) or outright denial. USCIS officers closely examine every detail to confirm accuracy and consistency across all submitted forms and supporting documents. Differences in job titles, dates, or responsibilities between your application and accompanying evidence can raise red flags. 

These inconsistencies may delay the process or, worse, lead to rejection. To avoid such issues, review all application materials thoroughly and cross-check details with employer-provided documents. Given the EB-1C green card rejection rate, precision in your submission is critical to ensuring a successful outcome. 

• Criminal History 

A criminal record can significantly impact your EB-1C Green Card application, as U.S. immigration laws prioritize national security and moral conduct. Here’s how criminal history factors into the process and what you can do:

• Grounds for inadmissibility: Serious offenses, including crimes involving moral turpitude (CIMT), drug trafficking, or fraud, can render an applicant ineligible for a green card.
• Disclosure of all charges: Applicants must disclose any prior arrests, charges, or convictions, even if they were later dismissed. Failing to provide full disclosure can result in denial.
• Eligibility for waivers: In some cases, waivers may be available for certain crimes, allowing applicants to proceed with their application after meeting specific conditions.
• Documentation requirements: Detailed court records, police reports, and evidence of rehabilitation must be submitted to support your application.

Given the strict scrutiny of criminal backgrounds, addressing this issue proactively can help mitigate its impact on your application. Taking the right steps can significantly strengthen your case despite past legal challenges.

• Lack of Managerial or Executive Qualification

Demonstrating managerial or executive qualifications is a cornerstone of the EB-1C application. Failure to adequately prove this can result in denial. Applicants must show that their previous role involved key responsibilities like strategic decision-making, team supervision, or departmental management. Submitting insufficient documentation—such as vague job descriptions or missing organizational charts—can lead to rejection. 

USCIS expects clear evidence of leadership authority, including hiring and firing decisions or managing high-level operations. Since the EB-1C green card rejection rate is high, it’s essential to provide detailed, accurate records of your responsibilities to ensure your role meets USCIS standards for executive or managerial capacity.

• Inability to Pay Proposed Wages

The employer’s ability to pay the proposed wage is a critical component of an EB-1C application. Failure to demonstrate financial stability can lead to denial. Here’s what to know:

• Proof of financial capacity: Employers must submit documents like federal tax returns, audited financial statements, or annual reports to show they can meet wage commitments.
• Net income requirements: USCIS evaluates whether the employer’s net income or current assets are sufficient to pay the offered salary.
• Ongoing operations: Employers should provide evidence of consistent revenue streams, highlighting their financial health and operational stability.
• Inconsistent documentation: Missing or outdated financial records can trigger RFEs or rejections.
• Startups and smaller businesses: These entities may face stricter scrutiny; additional supporting evidence, like payroll records or a financial officer’s statement, may be required.

A well-documented approach to addressing wage concerns can enhance the credibility of your EB-1C petition. Employers must thoroughly document their ability to meet salary obligations to strengthen the petition.

• Lack of Work History in Foreign Branch

An essential requirement for the EB-1C Green Card is a documented work history of at least one year in a managerial or executive role at the foreign branch of the sponsoring employer within the past three years. Failure to provide clear evidence of this can result in denial. USCIS requires detailed records, such as job descriptions, organizational charts, and payroll documents, to verify the role’s qualifications. 

Ambiguities, incomplete records, or gaps in employment history can lead to scrutiny. 

• Child Abduction

Child abduction concerns can significantly impact an EB-1C Green Card application, as immigration laws prioritize the protection of minors. Here’s how this issue can arise and affect your petition:

• History of legal violations: Any prior involvement in child abduction cases, whether criminal charges or unresolved accusations, can lead to inadmissibility under U.S. immigration laws.
• Custody disputes: Applicants involved in unresolved international custody battles may face scrutiny, as such cases often involve claims of unlawful child removal.
• Failure to disclose history: Omitting details of past accusations or legal proceedings related to child abduction can result in application denial or future bans.
• Violation of international treaties: Noncompliance with agreements like the Hague Convention on International Child Abduction can lead to complications with USCIS.

Applicants with complex histories should work closely with legal experts to prepare a strong case and minimize risks.

Rejections can be especially frustrating when they stem from avoidable errors. From inconsistencies in the application to insufficient proof of managerial duties, the reasons vary but share a common thread—attention to detail. These errors highlight how precision in your application can significantly impact the EB-1C Green Card rejection rate. 

Avoid unnecessary complications by collaborating with a skilled attorney to review your documentation. Contact the Law Offices of Sweta Khandelwal for expert guidance to ensure your application meets all requirements and addresses potential weaknesses effectively.

How Do You Address Specific Denial Issues in EB-1C Visa?

If your EB-1C application is denied, it’s not the end of the road. There are practical steps you can take to address the denial and strengthen your case for future success. Understanding the denial notice is the first critical step, as it highlights the specific reasons for rejection. From there, you can choose from three main pathways to move forward:

• Re-filing with additional evidence: Often, a denial results from missing documents or insufficient proof of qualifications. Use this opportunity to submit updated and stronger evidence, such as detailed organizational charts, clear job descriptions, financial documentation, or proof of your role’s executive or managerial capacity. Addressing all identified gaps can significantly improve your chances.
• Appealing the decision: Filing Form I-290B allows you to challenge the officer who actually made the decision. This option is ideal if you believe the denial was a result of misinterpretation or lack of consideration of the provided evidence. Appeals require a well-crafted argument, supported by additional documents, to counter the reasons for rejection.
• Motion to reconsider with new information: If new evidence becomes available that strengthens your case, a motion to reconsider can be filed. This option is particularly valuable if the new information directly addresses USCIS concerns.

Also Read: EB-1C Visa and Green Card Processing Time

Alternatives for EB-1C Denial

A denial doesn’t signify the end of your journey toward U.S. residency. Consider these alternative pathways:

• Consideration for EB-2 or EB-3 Green Cards: If your EB-1C application is denied, EB-2 or EB-3 Green Cards can provide alternative paths to U.S. residency. The EB-2 category caters to individuals with advanced degrees or exceptional abilities in fields like science, arts, or business. It includes the National Interest Waiver (NIW), which allows applicants to bypass the labor certification if they can demonstrate their work significantly benefits the U.S. 

The EB-3 category, on the other hand, accommodates skilled workers, professionals, and some unskilled workers. Although these pathways involve a longer process, including the PERM Labor Certification, they remain reliable options for eligible applicants.

• Exploring different immigration pathways: Temporary visas, such as the H-1B or L-1, offer another avenue for maintaining legal status while you reassess your green card options. The H-1B visa is ideal for specialty occupations requiring advanced knowledge, while the L-1 visa is tailored for intracompany transferees in managerial or specialized knowledge roles. 

These visas allow you to continue working in the U.S. legally, providing time to address the reasons for your EB-1C denial or to pursue alternative green card categories. They also help you maintain professional continuity while keeping your long-term residency goals within reach.

Exploring these options with an attorney can clarify the best route forward. Consider scheduling a consultation with The Law Offices of Sweta Khandelwal to discuss your next steps.

 

 

Conclusion

The EB-1C Green Card offers a valuable option for multinational executives and managers to establish permanent residency in the U.S. However, the process requires meticulous preparation to avoid pitfalls. Incorrect or incomplete information not only leads to financial losses but can also significantly impact future applications.

An experienced immigration attorney understands USCIS standards and can frame your application for maximum approval potential. They help you with everything from crafting detailed job descriptions to addressing RFEs, and their expertise is invaluable.

Partnering with professionals like Sweta Khandelwal ensures every aspect of your application is handled with care. With a track record of successful EB-1C petitions, their office provides peace of mind for applicants and their families. Even if you’ve faced rejection or want to ensure success in your first attempt, expert guidance is essential. The Law Offices of Sweta Khandelwal specialize in navigating the complexities of EB-1C applications. With their tailored solutions, you can confidently secure your future in the United States. Contact the Law Offices of Sweta Khandelwal today to turn your immigration goals into reality.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.