Received an EB-1B RFE?
An EB-1B RFE may question whether the professor or researcher is internationally recognized as outstanding, whether at least two regulatory evidentiary criteria are satisfied, whether the beneficiary has the required teaching or research experience, or whether the U.S. employment offer and employer satisfy the EB-1B requirements.
Send Us Your EB-1B RFEEB-1B requires more than publications and citations.
Four parts of the petition should be reviewed separately.
An RFE may challenge one part of the case while accepting others.
International Recognition
The ultimate classification requires evidence that the beneficiary is recognized internationally as outstanding in the academic field identified in the petition.
Regulatory Criteria
The record generally must contain evidence satisfying at least two of the six regulatory evidentiary categories used for outstanding professors and researchers.
Experience & U.S. Position
The beneficiary must have qualifying teaching or research experience, and the petition must include a qualifying offer of permanent employment under the EB-1B rules.
Which EB-1B evidence is USCIS challenging?
At least two criteria are required, but evidence should also help establish the beneficiary's international recognition as outstanding.
Major Prizes or Awards for Outstanding Achievement
Evidence should establish the nature, significance, selectivity, and recognition associated with the award.
Membership Requiring Outstanding Achievement
The record should document the actual membership requirements and who evaluates whether applicants satisfy them.
Published Material About the Beneficiary's Work
The evidence should establish qualifying published material written by others concerning the beneficiary's work in the academic field.
Judging the Work of Others
Peer review, editorial work, grant review, conference judging, or other evaluation may be relevant when the evidence satisfies the regulatory requirement.
Original Scientific or Scholarly Research Contributions
The response should explain the nature and significance of the beneficiary's original research contributions rather than simply documenting that research was performed.
Authorship of Scholarly Books or Articles
The record may include scholarly publications in journals with international circulation or other qualifying scholarly publications.
Two criteria are a threshold, not necessarily the final question.
USCIS evaluates whether the evidence demonstrates international recognition.
An RFE may acknowledge that individual activities occurred while questioning what those activities demonstrate about the beneficiary's standing in the academic field.
For example, authorship, peer review, citations, conference activity, or awards can satisfy or contribute to an evidentiary criterion while also requiring additional context to demonstrate the significance of the beneficiary's record.
The response should therefore distinguish between proving that a criterion is satisfied and explaining why the record as a whole shows that the beneficiary is internationally recognized as outstanding.
What does USCIS say the record fails to establish?
Citations Without Context
Citation evidence may document use or recognition of research, but the response may need to explain the significance of the citation record within the beneficiary's field, career stage, and body of work.
Ordinary Peer Review
USCIS may accept that the beneficiary reviewed manuscripts but question what the volume, selectivity, invitations, editorial responsibilities, or other circumstances demonstrate about international recognition.
Original Research Without Demonstrated Significance
The fact that research is original does not by itself explain its importance. Independent use, citations, adoption, commercialization, clinical application, implementation, or expert evidence may help place the contribution in context.
Recommendation Letters Are Too General
Letters are more useful when experts explain specific contributions, their significance, how they know of the beneficiary's work, and why the record reflects international recognition.
Insufficient Teaching or Research Experience
USCIS may request detailed evidence establishing the required qualifying experience, including dates, duties, academic field, and the character of research or teaching performed.
Employment Offer Does Not Meet the EB-1B Standard
The RFE may question whether the offered academic or research position is permanent or whether the petitioning employer qualifies under the applicable EB-1B rules.
The beneficiary generally needs at least three years of qualifying experience.
The U.S. position and employer are separate eligibility requirements.
Academic Employment
The petition may be based on a tenured or tenure-track teaching position or a qualifying permanent research position with a university or institution of higher education.
Research Position
For research positions, USCIS examines whether the offer is permanent under the applicable EB-1B rules rather than merely temporary or limited to a short project.
Qualifying Research Employer
A qualifying private employer must satisfy the additional regulatory requirements concerning its research staff and documented accomplishments in the academic field.
Six principles for responding to an EB-1B RFE.
Separate Criteria From International Recognition
Establish the individual criteria and then explain what the total record shows about the beneficiary's standing in the field.
Put Metrics in Context
Citation counts, publication counts, peer review, grants, and awards become more meaningful when compared to appropriate field evidence.
Use Independent Evidence
Objective evidence of adoption, influence, citations, research use, media attention, awards, grants, or other recognition can strengthen expert testimony.
Document the Three-Year Requirement Precisely
Use a clear chronology with supporting letters and records rather than leaving USCIS to reconstruct the experience calculation.
Confirm the Position Qualifies
The response should establish the permanent nature of the offered position and the petitioner's eligibility under the EB-1B regulations.
Answer the RFE Issue by Issue
Organize the response around USCIS's specific findings, the governing requirement, responsive evidence, and explanation.
EB-1B RFE FAQs
Common questions after USCIS requests additional evidence on an outstanding professor or researcher petition.