Are you CONCERNED about an EB1A petition & the potential for receiving a Request for Evidence (RFE) from United States Citizenship & Immigration Services (USCIS)? You’ve come to the right place, as receiving an RFE is not a final rejection of your application but indicates something was not fully convincing to USCIS.
In this article we provide an overview of the most common causes of RFEs, explain the thinking behind immigration officer RFEs, & give you a check list for creating powerful applications!
Why RFEs Happen?
Before discussing the reason, one must first understand how USCIS performs an EB-1A evaluation. The evaluation itself is guided in two parts:
- Meeting three of the following ten criteria.
- Final merit conclusion (overall evaluation of your profile).
- Many applicants do allow for this first step, but they are respectfully rejected on the second step of the application process & that is where most RFEs arise.
In fact, USCIS is not yet convinced that you have the national or international extraordinary ability!
1. Weak or Misinterpreted Evidence for EB-1A Criteria
Claiming EB-1A criteria without enough proof is one of the common triggers for an RFE. A lot of applicants feel that just being able to meet a requirement is sufficient, however the USCIS will want to see very solid & thoroughly documented proof that you meet the standards you claim to meet.
For example, providing a certificate of participation as an award, or listing your basic professional membership as an example of meeting an EB-1A criterion without providing proof of exclusivity, could hurt your case.
The USCIS will examine the quality & importance of the proof presented & not just its existence.
How to avoid this – Provide salary slips, contracts, or tax documents along with industry reports to demonstrate that your compensation aligns with industry standards, and include evidence of progressive work experience to clearly show your career growth over time.
2. Lack of Sustained National or International Recognition
EB-1A is not just about success, it is about constant awareness over time. Most RFEs occur when success is limited to one organization, one employer, or one geographical area.
For example, being accepted within your company is great, but USCIS wants to see awareness outside of your immediate working environment, such as in the media.
How to avoid this – Prove recognition within your industry. This includes publications, media, conferences, & other forms of appreciation outside of your immediate working environment.
3. Generic or Weak Expert Opinion Letters
EB-1 Expert opinion letter can help your case, but only if they are written properly. In many cases, USCIS requests RFEs if the letters are too generic, repetitive, or lack substance.
Letters that simply sing your praises without giving examples or showing impact will not help your case much. Letters that sound too generic or seem to have been copied by multiple experts will also hurt your case.
How to avoid this – Letters should be unique & detailed, giving examples of your impact & clearly showing how your work has contributed to your field.
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Expert Opinion Letter for EB-1A4. Insufficient Proof of Original Contributions of Major Significance
This is one of the most mistaken aspects of the EB-1A application. Many people involve their work but do not discuss its importance.
USCIS is not worried with general job responsibilities but rather with those that have made an impact on the industry or solved problems in a significant way.
If there is no clear discussion on how your work was impactful, RFE will likely result.
How to avoid this – Discuss how your work made an impact in terms of innovation, efficiency or recognition by other people in the area.
5. Weak Evidence of Judging the Work of Others
However, to claim to have judged others’ work, USCIS needs more than just an invitation email. Most RFEs come up when one fails to show his or her active participation & the credibility of the judging role.
For example, judging a few resumes within is not considered important judging.
How to Avoid This – Provide detailed proof of judging certificates, invitation emails, & other related documentation to confirm one’s role. Also, describe the importance of the event or platform where one worked as a judge.
6. Poor Documentation of High Salary or Remuneration
It is common for people to claim high salaries, but not all are able to support their claim. USCIS does not just look at the salary, they also check the area standards.
If there is no standard or comparison, then the claim is not examined strongly.
How to avoid this – Provide salary slips, contracts, or tax documents along with industry reports to demonstrate that your compensation aligns with industry standards, and include evidence of progressive work experience to clearly show your career growth over time.
7. Low-Quality or Irrelevant Published Material
Published material about you is another common eligibility criterion. However, not all published materials are equal. RFEs are often issued when:
- Published materials are self-published
- Published materials need credibility
- Published materials do not focus on your work
- USCIS likes independent & credible sources.
How to avoid this – Published materials from credible sources, published materials saying your work.
8. Failure in Final Merits Determination
This is one of the most important, yet commonly overlooked reasons.
Even if you have met the 3 requirements, USCIS is still assessing if your profile is a true model of your extraordinary ability.
A large number of RFEs are issued because, even though your proof is genuine, it is not accordingly showing a high level of excellence as a whole.
To put it simply, your profile is good, but not necessarily extraordinary.
How to avoid this – A good narrative is essential. You must create a narrative that links all your success stories into a cohesive whole.
9. Poorly Organized Petition
Presentation is more important than applicants think. A messy petition may make it difficult for USCIS to process your case, even if you have impressive achievements.
A disorganized petition may cause confusion & ultimately result in an RFE.
How to avoid this – Organize your petition well. Use headings & organize your evidence according to the selection criteria. Add a well-written cover letter to help the officer understand your case.
10. Inconsistencies and Lack of Clarity
Even small inconsistencies can be a red flag. For example, differences in job titles, dates, & duties can spark USCIS’s doubts about your credibility.
Equally, lack of clarity in explanations can make it hard for USCIS to evaluate your achievements, which is why following a standardized credential evaluation process is important.
How to avoid This – It is very important to review the whole petition & make sure all the details are stable & clear.
In Conclusion!
It is not just about the lack of documentation with EB-1A RFEs, it is about the way your story is presented.
A good application is not only about finishing the criteria, it is about showing that:
- You have regularly achieved excellence
- Your achievements have had real impact
- You have achieved appreciation at a high level
If your story is presented clearly, logically & definitely, it will not only prevent an RFE, it will increase your chance of approval!
