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Case study · EB-1A · Refile planning

Data scientist weighing an EB-1A refile after a denial with no criteria accepted

A common post-denial question set: realistic odds, service center choice, and what to change.

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EB-1ARefile planning
Source
Community report (self-reported)
Timeline
Premium processing, kitchen-sink RFE, denial, four months later
Key lesson

Do not refile with the same record. The denial and RFE are the best map of what to change.

Profile

Data scientist on W-2 with a prime vendor employer working for an end client. Master's degree in computer science, 10 publications, 250 or more citations, one patent application publication.

What was claimed

  • Scholarly contributions (six journal articles, four conference papers, one patent application)
  • Judging (five conference submissions)
  • Recommendation letters (four, one dependent and three independent)

What happened

The first petition received an RFE accepting none of the claimed criteria and was then denied.

The applicant asked about realistic chances on refile, whether filing at a different service center changes outcomes, whether to use regular or premium processing, and what changed in cases that succeeded after a denial.

Lessons for evaluating your own case

Every notice is a list of what to fix. Use these as a checklist for your own evidence.

  • Do not refile with the same record. The denial and RFE are the best map of what to change.
  • Claim fewer criteria and prove them better. The first filing claimed three and none was accepted.
  • Consider whether an employer chain (vendor and end client) obscures the applicant's own role and whether a different claim set fits better.
  • Service center choice is an unproven lever. Plan for evidence quality, not the office.
  • If EB-1A evidence is thin, compare EB-2 NIW before spending another filing.
Limits of this case. Self-reported, with the refile outcome unknown.
Anonymized. Personal details, employers, receipt numbers, officer codes and law firms are removed. This is general information, not legal advice.
← EB-1A DeniedEB-2 NIW RFE →

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