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The Quality of the Evidence for EB1-EA and EB1-OR Application

Hi William:

As a newly hired Research Scientist, I am very interested to read the articles in your excellent web site about EB1-OR and EB1-EA applications, and the two-step analysis process used by USCIS adjudicators. To prepare the petition documents of my own, what is the quality of the evidence considered by USCIS?


Petitioners of EB1, like petitioners in other immigrant categories, need to submit a petition letter and related evidence to support the claims in the petition letter to the USCIS. There is no specific format required. However, petitioners are suggested to follow attentively the requirements specified in law and the USCIS rules. An USCIS adjudicator for EB1-Extraordinary Ability case has to determine, in totality, whether the applicant is at the very top of his/her field of endeavor. In making this determination, the quality of the evidence is considered very important. 

For example, if one of the evidence submitted is judging others' work, an internal judging responsibility is less important than an external judging responsibility. If the evidence is scholarly articles, the number of citations of the material is an appropriate consideration in the final merits determination.

The two-step analysis does not substantially deviate from the standard USCIS used to determine the merits of a petition. The quality of the evidence submitted is still essential for an adjudicator to decide on an application.

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