In recent years, the EB-1A visa in the United States—intended for individuals exhibiting extraordinary abilities in the fields of sciences, arts, education, business, or athletics—has attracted significant interest from foreign nationals wishing to reside and work in the U.S. without the limitation of a specific job offer. The esteemed nature of this visa category, along with its relatively swift processing times and the exemption from labor certification, renders it particularly appealing. Nevertheless, this increase in interest has also brought forth a more troubling reality: the rise and proliferation of unscrupulous consulting firms and fraudulent agents who assert they can guarantee success within the EB-1A program. These so-called ‘immigration consultants’ or ‘extraordinary ability services’ pose a substantial risk to legitimate applicants, the integrity of U.S. immigration, and the unsuspecting individuals who become victims of their deceptive assurances.

The Appeal of EB-1A and the Surge of Exploitative Services

The EB-1A visa, by its inherent design, serves a specialized group of individuals who have excelled in their respective domains. The U.S. Citizenship and Immigration Services (USCIS) mandates that applicants provide evidence of sustained national or international recognition and that their accomplishments have been acknowledged in their field through comprehensive documentation. These rigorous requirements are frequently misinterpreted or undervalued by prospective applicants, many of whom seek external assistance to navigate the intricate legal and evidentiary demands.

Regrettably, the increasing demand for EB-1A approvals has created a lucrative market for fraudulent services that exploit the aspirations of skilled professionals who are not well-versed in U.S. immigration law.

These services promote nearly guaranteed success, misleadingly asserting that they possess “inside knowledge” regarding USCIS case adjudication or claiming to have connections with immigration officials.

Some even go to the extent of providing counterfeit awards, orchestrating fake publications, or fabricating judging opportunities at non-existent conferences to simulate the EB-1A criteria.

While certain legitimate legal professionals and consultants do provide valuable support by assisting individuals in organizing and showcasing their genuine achievements, the surge of deceptive services complicates the situation, making it challenging for applicants to differentiate between trustworthy advice and exploitation.

Misrepresentation of EB-1A Criteria

At the core of the issue is the misrepresentation of what constitutes “extraordinary ability.” The USCIS criteria—such as receiving a major internationally recognized award, authoring scholarly articles, making original contributions of significant importance, being a member of associations that require outstanding achievement, and serving as a judge of others’ work—are intentionally stringent.

Fraudulent agencies frequently minimize these requirements and instead fabricate artificial alternatives. For instance, they may arrange for an individual to “judge” a fictitious online competition or co-author an article with minimal or no substance merely to fulfill a requirement.

This commercialization of EB-1A criteria undermines the essence and purpose of the visa category. It converts a merit-based program into a transactional endeavor, where true accomplishments are diminished, and fraudulent documentation jeopardizes the integrity of the entire immigration system.

It also misleads applicants into thinking that meeting superficial interpretations of the criteria is adequate for success, leading to inevitable denials and possible legal repercussions.

Vulnerable Victims: The Most at Risk

The primary targets of these scams are frequently highly qualified professionals hailing from countries that have limited access to reliable immigration legal resources. These individuals may include scientists, artists, entrepreneurs, or technologists who, despite their impressive qualifications, lack familiarity with the intricacies of U.S. immigration law. The fraudulent services specifically aim at these hopeful candidates, often promoting their offerings in native languages, utilizing social media platforms, and even providing counterfeit testimonials from alleged “clients” who have successfully obtained green cards.

Some services impose exorbitant fees—ranging from $10,000 to $50,000 or more—while guaranteeing results that they are not equipped to deliver. Once the payment is made, applicants may receive hastily assembled, non-compliant petitions that are riddled with indicators of fraud. Others may never witness a petition being filed in their name, as the fraudsters vanish after the transaction is completed. In either case, the outcome is catastrophic: not only is the applicant’s aspiration postponed or rejected, but they also risk being permanently flagged by USCIS or other immigration authorities for misrepresentation.

Legal Repercussions and Long-Term Impact

udulent petition or utilizing false documentation can result in serious repercussions. According to the Immigration and Nationality Act (INA), misrepresentation or fraud related to an immigration benefit can result in permanent inadmissibility under INA §212(a)(6)(C)(i). This implies that even if a candidate later becomes eligible for an immigration benefit, they may be permanently barred from entering the United States for life unless they qualify for and obtain a waiver—a process that is both rare and challenging.

Furthermore, participation in a fraudulent petition can endanger both current and future visa statuses, such as H-1B, O-1, F-1, or even pending I-485 adjustment of status applications. Often, the utilization of scam services can tarnish an otherwise robust profile, disqualifying an individual from a pathway they could have legitimately qualified for with appropriate documentation and legal support. The USCIS Response and Patterns of Adjudication In recent years, the USCIS has become more vigilant in evaluating EB-1A petitions. Officers are trained to identify patterns of fraud, including strikingly similar recommendation letters, templated awards, and judging roles lacking verifiable merit. Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) have become increasingly prevalent, particularly in instances where the evidence appears fabricated or does not clearly connect to the petitioner’s individual merit. Additionally, certain service providers have gained a reputation with USCIS as sources of problematic submissions. Even if the applicant is unaware of the full extent of the fraud committed by their representatives, the burden of proof lies with the petitioner, and failing to sufficiently demonstrate the authenticity and merit of claims can result in denial.

The Broader Impact on Legitimate Candidates

The harm inflicted by fraudulent services goes beyond just individual victims. When deceptive applications inundate the system, they elevate the scrutiny levels for all applicants. USCIS officers become increasingly doubtful, standards are enforced more rigorously, and timelines are extended due to the need for additional verifications. Genuine applicants with solid credentials now encounter greater obstacles, including increased documentation demands and more probing inquiries. The degradation of the EB-1A brand also negatively impacts those who have legitimately earned their position in the program, as public and professional confidence in the visa’s integrity diminishes.

Moreover, widespread fraud provokes political repercussions. It bolsters arguments advocating for a reduction in legal immigration, the imposition of stricter vetting requirements, or the complete dismantling of high-skilled visa pathways. Consequently, the long-term ramifications of these scams may encompass legislative and policy alterations that limit access for all, including the most skilled and deserving individuals.

Regulatory Deficiencies and Insufficient Oversight

A significant factor contributing to this crisis is the absence of oversight for non-lawyer immigration services operating on a global scale. While U.S. attorneys are governed by state bars and are subject to professional discipline for unethical behavior, many of these fraudulent services are located overseas and evade the jurisdiction of American regulatory frameworks. Some function anonymously or under shell corporations, creating no clear avenue for recourse when clients are victimized.

Even within the United States, unlicensed practitioners providing immigration advice may be breaching the law, yet enforcement is inconsistent. The Federal Trade Commission (FTC), the U.S. Department of Justice, and local bar associations have pursued a few high-profile cases, but the overwhelming number of offenders complicates comprehensive enforcement.

How to Safeguard Yourself

For those contemplating the EB-1A pathway, conducting thorough research is crucial. Potential applicants should:

• Confirm credentials: Verify that any consultant or attorney is authorized to practice law in the U.S. and maintains good standing with their respective state bar.
• Seek transparency: Trustworthy professionals will never promise outcomes and will be candid about risks, limitations, and the specifics of the criteria.
• Assess genuine experience: Request anonymized examples of past petitions, inquire about their familiarity with your field, and determine if they have successfully managed RFEs or appeals.
• Be alert for warning signs: Exercise caution with services that propose to create false awards, arrange judging opportunities, or sell publication slots in obscure journals. Such practices are not only unethical but also illegal.
• Report fraudulent activities: Individuals who fall victim to scam services should lodge complaints with the USCIS, FTC, or the relevant State Bar. In situations involving foreign operators, embassies or consulates may also offer recourse or assistance.

The Contribution of the Legal and Immigrant Community

Legal experts and advocates must also contribute to the fight against these fraudulent schemes. Immigration attorneys should inform clients about the EB-1A criteria, report unethical behaviors, and endorse policies that safeguard vulnerable applicants. Organizations like the American Immigration Lawyers Association (AILA) can assist by launching public awareness initiatives and supporting enforcement actions against fraudulent entities.

Additionally, the immigrant community itself—particularly those who have navigated the process—can act as a significant voice. By sharing authentic experiences, alerting others to dishonest actors, and promoting legitimate pathways for petitioning, they help maintain the integrity of the EB-1A route for future generations of exceptional talent.

The potential of the EB-1A visa should serve as a call to the most talented individuals worldwide to enhance the fabric of the United States. However, when fraudulent services take advantage of that potential, it results in negative consequences for all—aspiring professionals, the immigration system, and the larger U.S. economy that relies on skilled talent. The rise of scam services is not merely a consumer protection concern; it represents a direct threat to the meritocratic values that the EB-1A category was intended to support. As awareness increases and enforcement becomes more robust, it is crucial for legitimate professionals, applicants, and authorities to collaborate in order to safeguard and maintain the integrity of this essential immigration pathway.

By: Karim Jivani

Karim Jivani is an Associate Attorney at Reddy Neumann Brown PC who focuses on employment-based non-immigrant visas. Karim’s practice covers all phases of the EB-1A and EB-2 NIW visa process including filing petitions, responding to Requests for Evidence (RFE), and drafting motions and appeals. Karim has also worked on all aspects of H-1B, L-1, I-140, and VAWA petitions.