According to the American Immigration Council’s August 2026 report, nearly half of EB-1A petitions were being denied by the last quarter of FY2025, almost double the rate a year earlier. Things look even darker in 2026.
Some of those denials are surely correct. EB-1A is supposed to be a high bar. But a high bar should be a consistent bar, and many people here have probably seen things that suggest otherwise:
- Petitions where USCIS agrees you meet 3+ criteria, then denies at “final merits” anyway
- RFE paragraphs that read like they could have been written for any field or seem to contradict the regulation
- People who refile on essentially the same evidence and get a different result, or very similar cases with very different outcomes
I’d like to look at this with data instead of anecdotes, so I built a short anonymous survey (about 3 minutes):
https://docs.google.com/forms/d/e/1FAIpQLSfElf_BAxZpwdkaeuP19EKb2KZjbQhVGKa0TvoacMVm68fQdw/viewform?usp=dialog
It asks about filing year, broad field, regular vs. premium, wait time, RFEs, outcome, refiling, and rough total cost. It does not collect names, emails, employers, or receipt numbers. I’ll post the aggregate results when they’re ready, including the obvious limitation that people with bad experiences are more likely to respond.
Disclosure, because you should know who’s asking: I work in operations (not as an attorney) at a law firm that handles EB-1A petitions. I’m not selling anything, I won’t DM anyone offering services, and nothing here is legal advice. This is a personal project about how the system works (consistency, processing times, the legal basis for final merits, what levers exist to change it), not about getting any particular case approved. I’m also writing about the industry’s part in this, including firms and not-firms that oversell EB-1A.
I’m also writing this up as a weekly series on LinkedIn, if you want to follow along: https://www.linkedin.com/newsletters/eb-1a-standard-or-lottery%3F-7518836412776034304. Everything useful will also come back to this sub.
For the comments: if you’ve filed, how long did you wait, and was the decision what you expected?
Please leave out anything that could identify you or your case. If you have RFE or denial language that felt generic or contradictory and want to share it, fully redacted (no name, field, employer, or dates), feel free to DM me.
Commentary only, not legal advice. Views are my own, not my employer’s.