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Explore visasEB-1ACommon RFE topics

Eligibility criteria

Final merits determination

Whether the record as a whole shows sustained acclaim and a place among the small percentage at the very top of your field.

What USCIS is questioning

  • Whether all of the evidence together shows sustained national or international acclaim and that you are among the small percentage who have risen to the very top of your field.[1,2]

The legal standard

  • After step one, the officer considers the petition in its entirety under the preponderance of the evidence standard. The officer may not deny because a particular type of evidence is missing if you have met the evidentiary requirements in other ways.[1]
  • The Policy Manual lists evidence that can help at this step, such as articles in highly ranked journals, citation rates that are high relative to the field, work at leading institutions, unsolicited invitations to speak at major conferences, and competitive U.S. government research grants.[1]
  • High confidence Kazarian v. USCIS placed questions such as the research community's reaction to your work in this final merits step rather than in the criteria review.[1,3]

How the request usually reads

  • Interpretation An RFE on this issue typically acknowledges that some criteria are met but says the record does not show sustained acclaim or top-of-field standing, and explains which evidence falls short.[1,4]

Evidence petitioners often provide

  • Interpretation Context showing your standing relative to peers: journal rankings, citation comparisons, invitations to speak at major conferences, roles at leading institutions, and competitive grants, each with an explanation of why it matters.[1]

Where responses go wrong

  • A large volume of evidence without explanation; the petitioner must explain the significance of each item.[1]
  • Recognition only within your own circle; the Policy Manual expects acclaim well beyond your personal and professional acquaintances.[1]

AAO decisions on this issue

  • Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)

    Under the preponderance of the evidence standard, a claim is established if the evidence shows it is more likely than not true; officers weigh the quality of the evidence, not just the quantity.

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.Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)U.S. Court of Appeals for the Ninth Circuit · Court · Published Mar 4, 2010 · Checked Sep 27, 2026
  4. 4.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  5. 5.Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)USCIS Administrative Appeals Office (published in DOJ EOIR Virtual Law Library) · AAO decision · Published Oct 20, 2010 · Checked Sep 27, 2026