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Explore visasEB-1ACommon RFE topics

Specific evidence

Comparable evidence

Whether a criterion truly does not readily apply to your occupation, and whether the substitute evidence is truly comparable.

What USCIS is questioning

  • Whether a regulatory criterion does not readily apply to your occupation, and whether the evidence you offer instead is of comparable significance.[1,2]

The legal standard

  • 8 CFR 204.5(h)(4) allows comparable evidence if the listed standards do not readily apply to the beneficiary's occupation.[2]
  • The Policy Manual says a general assertion is not probative, but a detailed, specific, and credible statement can show that a criterion does not readily apply. Examples include presentations at a major trade show in place of scholarly articles, or valuable startup equity in place of a high salary. There is no comparable evidence for the one-time major award.[1]

How the request usually reads

  • Interpretation An RFE on this issue typically says the petition does not explain why a criterion does not readily apply to the occupation, or that the substitute evidence is not comparable to the criterion.[1,3]

Evidence petitioners often provide

  • Interpretation A detailed explanation of why a specific criterion does not readily apply to your occupation, together with the substitute evidence and why it carries comparable weight.[1]

Where responses go wrong

  • Comparable evidence is not considered for a criterion that readily applies to your occupation.[1]
  • General claims that witness letters should be accepted as comparable evidence are not persuasive.[1]

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.

Sources

  1. 1.USCIS Policy Manual, Volume 6, Part F, Chapter 2 — Extraordinary AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  2. 2.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  3. 3.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026