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.
Send Us Your EB-1A RFEMeeting three criteria may only be the beginning of the analysis.
EB-1A adjudication has two important stages.
An RFE may dispute the threshold evidentiary criteria, the ultimate extraordinary ability determination, or both.
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.
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.
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.
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.
What is USCIS really questioning?
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.
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.
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.
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.
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.
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.
Evidence should establish significance, not merely existence.
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.
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.
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.
Six principles for an EB-1A RFE response.
Separate Each Criterion
Answer every disputed criterion independently using the precise regulatory requirement USCIS is applying.
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.
Use Independent Evidence
Objective evidence can strengthen claims that otherwise depend heavily on statements from colleagues or employers.
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.
Build Final Merits Throughout
Evidence offered for an individual criterion should also help explain the broader significance of the person's achievements where possible.
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 RFE FAQs
Common questions after USCIS requests additional extraordinary ability evidence.