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Eligibility Must be Established as of the Filing Date of the EB1 Petition

Hi William,

I recently read some USCIS' previous decisions about EB1-EA application, and found the decision statement like "the petitioner has not provided any first hand empirical evidence that this article or her work had already attracted significant attention from the scientific community at the time of filling the petition. Eligibility must be established as of the filing date of the visa petition." I want to know what will happen after the filing date if more evidence is generated which would help the EB1-EA application?


For EB1-Extraordinary Ability (EB-1A) and EB1-Outstanding Researcher or Professor (EB-1B) petitions, usually USCIS claims that they will look at evidence for any of the clauses which you claim, as of the date on which you applied. It is true that "eligibility must be established as of the filing date of the visa petition". Therefore, petitioner must be careful to chose the filing date such that they have collected the most persuasive evidence. This is also a concern for many NIW petitioners.

Generally, you should not use evidence after the filing date to make up for a deficient petition, which means that if you do not qualify for one of the criteria in the petition, you cannot later claim that now you qualify for it. Evidence after filing date can be considered useful if you prove to the USCIS that you are using this evidence to show that you are still equally productive or qualify for it as before.

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