I received a denial on EB1A (IT). At first they counted 4 criteria, but after the RFE one of the previously approved ones was removed, and in the end they denied on final merits, going through all the criteria — which I had tried to avoid.
Now I’m thinking what to do next: try reapplying for EB1A or switch to O-1.
The EB1A statistics for 2025–2026 are a bit frightening. Can you tell me what the situation with O-1 is right now?
And will the I-140 denial affect later obtaining an O-1?
I’m also considering an appeal — how effective is that in practice in such cases (especially if the denial was on final merits)?
Hang in there, it’s really tough when you get a denial after an RFE. The main thing is don’t make any decisions right away — give yourself a couple of days to pull yourself together, then with a clear head you can go over everything with your lawyer. I’ve seen people after such twists still find a way forward, just don’t rush )
An appeal on the final merits rarely succeeds — by that point it’s no longer about the defined criteria but about the overall assessment, and the officer has already made up their mind. O-1 follows a different standard, but a denied I-140 will be visible; for the new petition you need to prepare a clear explanation of what has changed.
A prior EB won’t affect the O‑1 at all — EB’s requirements are more lenient, and the evaluation approaches are different. But with an O‑1 at the consulate stage there’s a high chance it’ll turn into a circus.
An appeal on the final merits rarely succeeds — it’s no longer about the criteria but about the officer’s overall judgment, and that’s hard to overturn. But they really do look at O-1 differently; I’ve seen people with similar histories get approved fine, and a previous denial isn’t the end of the world. The key in the new petition is to clearly explain what has changed. Hang in there )