Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
EB1 Request for Evidence Question of Judging the Work of Others

Hi William,

I applied the EB1 Extraordinary Ability three months ago in the USCIS Texas Service Center. Now, I got a Request for Evidence (RFE) letter, asking for the evidence question of my reviewing articles for a journal. Do you think this is because that the journal is not the highest ranked journal in my field?


USCIS Texas Service Center often issues the Request for Evidence in EB1 Extraordinary Ability petitions with respect to the criteria of "judging the work of others." TSC examiners question the alien applicant's work in acting as a reviewer for scientific journals, if the journals at issue were not the highest ranked journals in the field. Under the law, serving as a referee for scholarly, peer reviewed journals meets the "judging the work of others" criteria, even if the journal is not the highest ranked journal.

Previously, USCIS officials acknowledged that serving as a reviewer for a recognized journal is an acceptable form of evidence in an Extraordinary Ability case. They also confirmed that publication of articles in any ranked scientific or academic journal would fit within the types of publications required as proof in EB1 and O-1 cases. 

It is not necessary that the journal must be the highest ranked in the field. Of course, the ranking of journals will be weighed with all other supporting evidence in determining whether to approve the EB1 case, and we all know the importance of the peer review process. To answer the RFE, you should get letters from editors of journals that you have reviewed articles.

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com