In Employment Based

When a USCIS Service Center denies an employment-based visa petition you often have 2 options:

  • Refile a new petition with USCIS
  • File an Appeal to the AAO
  • There are certain situations where refiling with USCIS is not an option.

Advantages of Filing an Appeal to the AAO:

  • You can use the administrative review process to provide additional evidence that your client has met the requirements for the relevant visa classification.
  • If the official decides to approve the petition, the appeal would be treated as a motion to reopen or reconsider (whichever is applicable).

Disadvantages of Filing an Appeal to the AAO:

  • At least for H-1B and L-1 cases, the odds of success are not high.
  • Potentially long processing time.


Immigration Office Solutions, Inc.


The information in this post is part of our immigration paralegal training plan and should not be construed as legal advice. If you are looking for legal advice for your particular case please consult with a qualified immigration attorney.

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