ImmigrationRFE.com

EB-1A RFE

EB-1A Extraordinary Ability

Received an EB-1A RFE?

An EB-1A RFE may challenge one or more extraordinary ability criteria, the significance of the evidence, sustained national or international acclaim, or the final merits determination. A strong response begins by separating those issues and addressing the particular reason USCIS says the existing record is insufficient.

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EB-1A RFE Analysis

Meeting three criteria may only be the beginning of the analysis.

Stage 1Regulatory criteria
Stage 2Final merits determination
RecordSustained acclaim
EvidenceRecognition in the field
FutureContinue work in area of expertise
An RFE should be reviewed against the entire original I-140 filing, not only against the individual exhibits USCIS discusses in the notice.
USCIS Analysis

EB-1A adjudication has two important stages.

An RFE may dispute the threshold evidentiary criteria, the ultimate extraordinary ability determination, or both.

Stage 01

Qualifying Evidence

Unless the petitioner relies on a qualifying one-time major internationally recognized award, USCIS determines whether the evidence satisfies at least three of the regulatory evidentiary criteria or appropriate comparable evidence where permitted.

Stage 02

Final Merits Determination

USCIS then evaluates the evidence together to determine whether the record actually demonstrates extraordinary ability through sustained national or international acclaim and recognition of the person's achievements in the field.

The Ten Criteria

Which EB-1A criterion is USCIS challenging?

A criterion-specific RFE response should focus on the actual regulatory language and explain why the submitted and supplemental evidence meets that requirement.

Criterion 01 Lesser Nationally or Internationally Recognized Prizes or Awards
Criterion 02 Membership in Associations Requiring Outstanding Achievement
Criterion 03 Published Material About the Person and Their Work
Criterion 04 Judging the Work of Others
Criterion 05 Original Contributions of Major Significance
Criterion 06 Authorship of Scholarly Articles
Criterion 07 Display of Work at Artistic Exhibitions or Showcases
Criterion 08 Leading or Critical Role for Distinguished Organizations
Criterion 09 High Salary or Significantly High Remuneration
Criterion 10 Commercial Successes in the Performing Arts
Final Merits

Why satisfying three criteria may not resolve the RFE.

USCIS also evaluates the petition as a whole.

Evidence that qualifies under an individual criterion is not necessarily the end of the EB-1A analysis. USCIS evaluates the entire record to determine whether it demonstrates the level of sustained acclaim and recognition required for extraordinary ability classification.

For this reason, an RFE response should distinguish between evidence offered to satisfy a specific regulatory criterion and evidence offered to demonstrate the significance, influence, selectivity, recognition, and broader context of the achievement.

The response should also examine whether USCIS is giving appropriate weight to evidence that it has already accepted as satisfying one or more criteria.

Common RFE Issues

What is USCIS really questioning?

01

The Evidence Does Not Meet the Wording of the Criterion

USCIS may agree that an achievement occurred but dispute whether it falls within the particular regulatory category being claimed.

02

The Evidence Lacks Context

The record may establish an award, publication, citation, salary, judging activity, or role without adequately demonstrating its selectivity or significance in the field.

03

Recommendation Letters Are Too General

Expert letters are stronger when they identify specific achievements, explain their significance, and provide a factual basis for the expert's conclusions.

04

Original Work Is Not Shown to Be of Major Significance

USCIS may accept that work is original but question whether the record shows impact or significance beyond the fact that the work was created.

05

The Organization Is Not Shown to Have a Distinguished Reputation

For leading or critical role evidence, the response may need independent evidence establishing the reputation of the organization or relevant division.

06

The Final Merits Record Is Too Narrow

Even after accepting multiple criteria, USCIS may question whether the totality of evidence demonstrates sustained acclaim and recognition at the level required for EB-1A classification.

Strengthening the Record

Evidence should establish significance, not merely existence.

Independent Evidence

Objective Corroboration

Industry records, citation evidence, media coverage, rankings, award standards, institutional evidence, financial records, or other independent proof can provide context for an achievement.

Expert Evidence

Specific Expert Analysis

Expert letters can explain why an achievement matters, how the person's work affected the field, and how the expert knows the facts on which the opinion is based.

Comparative Evidence

Put the Achievement in Context

Salary comparisons, citation benchmarks, award selectivity, membership requirements, organizational reputation, or other comparisons may help demonstrate the significance of evidence USCIS has discounted.

Response Strategy

Six principles for an EB-1A RFE response.

01

Separate Each Criterion

Answer every disputed criterion independently using the precise regulatory requirement USCIS is applying.

02

Do Not Re-submit the Same Record Without Explanation

Explain why the existing evidence matters and supplement it where the RFE identifies a genuine evidentiary gap.

03

Use Independent Evidence

Objective evidence can strengthen claims that otherwise depend heavily on statements from colleagues or employers.

04

Address USCIS's Reasoning

If the RFE misstates an exhibit or applies an unsupported premise, identify the issue directly rather than answering a different question.

05

Build Final Merits Throughout

Evidence offered for an individual criterion should also help explain the broader significance of the person's achievements where possible.

06

Make the Record Easy to Follow

Organize the legal argument and exhibits so each RFE issue can be traced to the responsive evidence.

EB-1A Questions

EB-1A RFE FAQs

Common questions after USCIS requests additional extraordinary ability evidence.

Does meeting three EB-1A criteria guarantee approval?
No. Unless the petition relies on a qualifying one-time achievement, meeting at least three evidentiary criteria moves the petition to the overall evaluation of whether the record demonstrates extraordinary ability through sustained national or international acclaim.
Can USCIS accept three criteria and still issue an RFE?
Yes. USCIS may question whether the evidence considered together establishes the required level of extraordinary ability, sustained acclaim, and recognition even when sufficient individual criteria are satisfied.
Can I submit new recommendation letters with an EB-1A RFE response?
New letters may be useful when they directly address issues identified in the RFE. They are generally stronger when the authors provide specific facts, explain the basis of their knowledge, and discuss the significance of the person's work rather than relying on broad praise.
Should I respond only to the criteria USCIS challenged?
Every issue identified in the RFE should be addressed. The overall record should also be considered because evidence may have significance to the final merits determination beyond the criterion under which it was originally submitted.
What if USCIS misunderstood evidence in the original petition?
The response can identify the factual error, point USCIS to the relevant portion of the existing record, and provide additional explanation or corroboration where appropriate.