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Explore visasEB-1ACommon RFE topics

Eligibility criteria

Continuing work in your field

Whether you will keep working in your area of extraordinary ability in the United States.

What USCIS is questioning

  • Whether you will continue working in your area of extraordinary ability in the United States, and whether your entry will substantially benefit the United States in the future.[1,2]

The legal standard

  • 8 CFR 204.5(h)(5) requires no job offer or labor certification, but the petition must include clear evidence that you are coming to continue work in your area of expertise, such as letters from prospective employers, prearranged commitments like contracts, or your own detailed statement of plans.[2]
  • The Policy Manual says the intended work must fall within the area of acclaim. For example, competitive athletics and coaching generally use different skills, though an athlete who has also achieved acclaim as a coach may qualify for coaching.[3]

How the request usually reads

  • Interpretation An RFE on this issue typically asks for clear evidence of your plans in the United States, or questions whether the intended work falls within the field in which you earned acclaim.[2,3,4]

Evidence petitioners often provide

  • Interpretation Offer letters, contracts, or engagement letters; a detailed statement of your plans; and, if you are changing roles within the field, evidence of acclaim in the new role.[2,3]

Where responses go wrong

  • Interpretation Planning to work outside the field in which you earned acclaim.[3]
  • Interpretation A statement of plans with no detail or supporting commitments may not amount to clear evidence.[2]

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. 1.8 U.S.C. 1153 (INA 203) — Allocation of immigrant visasOffice of the Law Revision Counsel, U.S. House of Representatives · Statute · 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 6, Part F, Chapter 2 — Extraordinary AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  4. 4.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026