While our office has not experienced these issues, unfortunately AILA (American Immigration Lawyers Association) reports a pattern of RFEs and denials across EB-1A, EB-1B, and EB-2 NIW petitions that appear to deviate from established legal standards and USCIS policy guidance. Per AILA, these include, but are not limited to, the application of ultra vires (beyond the powers) requirements, the inappropriate conflation of the two-step adjudication process, and failure to properly evaluate the evidence under the “preponderance of the evidence” standard.
AILA raised the issue with USCIS in February 2024, seeking clarity and accountability.  USCIS has acknowledged these concerns and confirmed its commitment to do further training and issuing decisions aligned with the Policy Manual and legal standards.

Note: If you have any questions or need assistance with your immigration journey, please contact us at 650-737-7600. Our dedicated team is here to guide you through the process.