09/14/2026
The current state of adjudication of EB1As truly feels like a gamble for the attorneys and clients they serve. It raises the ethical dilemma on the part of the attorneys of whether to continue filing them. Rightfully, the attorneys provide the analysis and strategy involved in the process, but the clients get the final say as to whether to file as they are the ones that expend financial resources and have to deal with the consequences of a denial decision. Regardless of who throws the dice, the game appears to be rigged.
If you’ve been reading about the EB1A lately, you’ve probably heard the classic advice: just check off three of the ten regulatory boxes, gather your paperwork, and wait for your green card. A couple of years ago, that might have been the case. However, today, that playbook is leading directly t...