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EB-1A · Common RFE topics

What USCIS questions, the legal standard it applies, and the kinds of evidence petitioners usually provide. General information, not a response strategy for your case.

Specific evidence

Eligibility criteria

  • Final merits determinationWhether the record as a whole shows sustained acclaim and a place among the small percentage at the very top of your field.
  • Sustained acclaimWhether your national or international acclaim has been maintained over time.
  • Continuing work in your fieldWhether you will keep working in your area of extraordinary ability in the United States.

Recent AAO decisions

Official

AAO decisions only include cases that were denied and then appealed. They show why some petitions fail — they are not an approval rate.

What the AAO did (this sample of 150, May 28, 2026 – Aug 31, 2026): Appeal dismissed 82% · Appeal sustained 0% · Remanded 18%“Remanded” means sent back to the service center for a new decision — not an approval.

Official

Source: USCIS AAO non-precedent decisions · Retrieved Sep 27, 2026

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.