Skilled immigration to the United States has become one of the most challenging global issues as visa refusal rates rise and competition for entry grows tougher. Thousands of students, business owners, and workers try for years to get into the US. They use student visas, work visas, and green cards. Many get rejected over and over before they finally get approved.
Ablay Sarmantay, a Kazakhstan-born entrepreneur faced six US visa rejections before securing approval under the EB-1A category for individuals with extraordinary ability. Financial Express spoke exclusively with immigration expert Mithi Jaiswal, who broke down how the EB-1A system works, the strict evidentiary standards applicants must meet, and why earlier visa refusals do not automatically affect eligibility for the category.
Ablay Sarmantay’s immigration journey
Sarmantay, who now lives in Seattle, United States, shared in a social media post how five student visa refusals and one tourist visa denial stretched across five years before he entered the United States with his wife and infant child. He later secured an EB-1A approval in just 16 days.
Sarmantay wrote that he first applied for a US visa in 2018 and only received approval in 2023 after multiple refusals. “I was rejected 6 times before America let me in,” he wrote.
“5 US student visa rejections. 1 tourist visa rejection. First attempt: 2018. Finally approved: 2023. 5 years of ‘no,’” she added. He described the personal and financial sacrifices his family made during that period. “In between: Sold my apartment in Kazakhstan, Sold my car, Moved to the US with a 7-week-old baby, Paid tuition out of pocket, Sent 1,000+ cold emails to investors, Got rejected by 30+ of them,” he wrote in his LinkedIn post.
He also wrote that he entered the US without financial support or professional networks. “Nobody was waiting for me here. No connections. No safety net. Nothing. Just an idea and a baby who didn’t care about my visa problems,” he said.
The entrepreneur then revealed that he received approval for an EB-1A petition in August 2024.
“In August 2024, I got my EB-1A approved. 16 days after filing. The same system that rejected me 6 times called me ‘extraordinary.’”
Sarmantay added, “I’m not telling you this to impress you. I’m telling you because if you’re sitting on a rejection right now — that number is not your answer.”
What is EB-1A visa and is it difficult?
Immigration expert Mithi Jaiswal told Financial Express that the EB-1A category operates under a very different legal standard than student or tourist visas. “The EB-1A is a self-petition green card requiring no job offer or employer sponsor,” Jaiswal said.
She said applicants must satisfy strict evidentiary standards and also prove they belong to a very small group at the top of their profession. “Applicants must meet at least three of ten evidentiary criteria and pass a Final Merits Determination confirming they are among the small percentage at the very top of their field.”
Jaiswal said Sarmantay’s earlier visa refusals had no legal connection to his later EB-1A approval because the two systems examine entirely different questions. “Ablay’s case is a perfect illustration of why prior rejections are legally irrelevant to EB-1A eligibility,” she said.
“An F-1 consular officer in 2018 was asking whether a young Kazakhstani student would return home, while a USCIS adjudicator in 2024 was asking whether a founder who built a company, raised investment, and helped over 200 people navigate immigration qualified as extraordinary. Those are entirely different legal questions, decided by different bodies under different standards,” she added.
Why do so many student visa applications get rejected?
Jaiswal said US student visa refusal rates have risen sharply in the last 10 years. “The F-1 refusal rate hit a 10-year high of 41% in FY2024, with roughly 279,000 applications rejected out of approximately 679,000 filed,” she said.
She added that applicants from Kazakhstan also faced high refusal numbers. “For Kazakhstan specifically, the overall nonimmigrant visa refusal rate in 2023 sat at approximately 42%.”
According to Jaiswal, Sarmantay’s repeated refusals showed a broader immigration trend rather than an unusual case. “Ablay’s five rejections between 2018 and 2023 were not bad luck,” she said.
“They were a statistically predictable outcome for a young applicant from Central Asia with limited US ties, and they reflect a systemic pattern that continues to worsen under the current administration,” she added.
What are most common reasons for F-1 student visa refusals?
Speaking to Financial Express, the immigration expert said most student visa denials happen under Section 214(b) of the Immigration and Nationality Act. “Nearly all rejections are issued under Section 214(b) of the Immigration and Nationality Act, which legally presumes every applicant intends to immigrate unless they prove otherwise,” she said.
She said consular officers usually focus on three major areas while reviewing applications. “The most common failure points are insufficient ties to the home country, weak financial documentation, and an unconvincing case for why the specific programme justifies studying abroad.”
Jaiswal also pointed to an irony in Sarmantay’s story. “In Ablay’s case, the fact that he eventually sold his apartment and car to fund his move actually illustrates the bind,” she said. “The very determination that made him a founder worth calling extraordinary was the same quality that made consular officers distrust his intent to return,” she added.
Why did EB-1A approval in Ablay’s case happen so quickly?
Sarmantay said his EB-1A petition received approval in 16 days. Jaiswal said that the timeline is fast but not unprecedented because of premium processing. “Under premium processing, USCIS guarantees adjudicative action on a Form I-140 within 15 calendar days for a fee of $2,805,” she said.
“Sixteen days is right at the edge of that window and is not remarkable for a clean, well-documented petition with no Request for Evidence issued,” she said.
Still, she said the emotional contrast in the case stands out. “What makes it feel extraordinary is the human contrast: the same government that said no six times said yes in under three weeks, once the right evidence was presented through the right channel,” she added.
In terms of visa application process, what changed between 2018 and 2024?
Jaiswal said the most important change was Sarmantay’s professional profile and documented achievements. “The most important thing that changed was Ablay himself,” she said.
“By 2024 he had built Porttus, helped over 200 people file immigration petitions, raised investment, and created a documented record of impact in a field of clear national importance to the US,” she added.
She said those achievements created the type of evidence required for an EB-1A petition. “That is the evidentiary foundation the EB-1A demands, and none of it existed in 2018,” she said.
Jaiswal also referred to updated immigration guidance from US authorities. “Importantly, USCIS also issued updated EB-1A guidance in October 2024, broadening criteria to recognise team awards, past memberships, and a wider scope of published materials, reforms that directly benefit founders whose achievements are business-driven rather than academic,” she added.
How is H-1B process different from EB-1A?
The H-1B visa and the EB-1A green card category serve very different purposes in the US immigration system. The H-1B is a temporary work visa tied to a sponsoring employer. A company must offer a specialised job role and file a petition on behalf of the worker. Most applicants also go through an annual lottery because demand far exceeds the number of visas available.
The EB-1A category works differently. It allows individuals with extraordinary ability in business, science, arts, education or athletics to self-petition for permanent residency without employer sponsorship.
An H-1B holder usually depends on an employer for visa status and extensions. Losing the job can create immigration problems. EB-1A applicants do not face that same dependency because they file independently.
The evidentiary burden for EB-1A is also much higher. Applicants must show national or international recognition through awards, publications, leadership roles, original contributions, media coverage or other achievements.
Unlike the H-1B system, the EB-1A category does not use a lottery. Approval depends entirely on the strength of evidence presented to US Citizenship and Immigration Services.
Many international founders first enter the US through student or work visas before later applying for EB-1A after building careers, companies or public recognition.