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The "Two-Step Approach" and RFE for EB1 Extraordinary Ability Petition

Hi William:

I applied the EB1-Extraordinary Ability petition. I recently got RFE (Request For Evidence) for my petition which said that "the evidence does not demonstrate how your field has changed as a results of your work beyond the incremental improvements in knowledge and understanding expected from valid original research. Additionally, the evidence does not demonstrate that your work has been adopted by many or that your work has led to company investments in new products or processes."

It looks like that USCIS used the much strict "Two-Step Approach" for my case. I claimed 3 EB1A criteria: authorship, contribution and review. I meet the requirements of authorship and review, but not the contribution. What should I do?


USCIS has issued a Policy Memorandum for "Two-Step Approach" Form I-140 Petitions Evaluation. This Policy Memorandum provides guidance regarding the analysis that Immigration Service Officers must use in adjudicating Form I-140, Immigrant Petition for Alien Worker, filed for: EB1 - Extraordinary Ability petitions, EB1 - Outstanding Professor or Researcher petitions, and Aliens of Exceptional Ability, including EB2 NIW petitions.

Once USCIS determines that the petitioner has provided satisfactory evidence for the requisite number of prongs, the second phase of review requires the adjudicator to weigh the evidence against the required high level of expertise for the visa category. It is in the second phase of the review where the evidence can be evaluated to see if, cumulatively, it proves by a preponderance of the evidence that the applicant or beneficiary is at the very top of his or her field of endeavor.

For your case, you need to work on the criterion of academic contribution in your field. A good way is to run a new report of your paper's citation number. You also need to prove that you are one of that small percentage who has risen to the top of the field of endeavor and, and you have sustained national or international acclaim.

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