Comment by kreeWall
Hi Peter, thank you so much for doing this AMA! I'm currently trying to decide whether to appeal an EB1A decision - they agreed to meeting "plain language" for 3 criteria, but denied the application on final merit.
What kind of considerations would you advise your clients to think of when making this decision?
It's impossible for me to say without reviewing the filing and the decision but the final merits analysis is incredibly subjective and discretionary so generally speaking, appealing on this issue is not a good idea. Again, generally speaking, understanding and fixing the deficiencies in the initial filing/evidence and refiling is the better approach.