The Evidence for EB-1A and EB-1B Application, and Final Merits Determination, EB1 Evidence, EB-1A Green Card, EB-1B Green Card, EB1A Application, EB1 Final Merits Determination

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The Evidence for EB-1A and EB-1B
Application, and Final Merits Determination

Hi William,

As a newly hired Research Scientist, I am very interested to read the articles in your excellent web site about EB-1A and EB-1B Green Card applications, and the two-step analysis process used by USCIS adjudicators. To prepare the petition documents of my own, what is the quality of the evidence considered by USCIS?

Answer,

Petitioners of EB1, like petitioners in other immigrant categories, need to submit a petition letter and related evidence to support the claims in the petition letter to the USCIS. There is no specific format required. However, petitioners are suggested to follow attentively the requirements specified in law and the USCIS rules. An USCIS adjudicator for EB1-Extraordinary Ability case has to determine, in totality, whether the applicant is at the very top of his/her field of endeavor. In making this determination, the quality of the evidence is considered very important.

For an EB-1A Extraordinary Ability petition, the quality of the evidence is far more important than the quantity. USCIS evaluates submitted documentation using a two-part analysis and a "totality of the evidence" standard, meaning officers assess the significance and caliber of achievements, not just whether a box is checked.

For an EB-1B petition, U.S. Citizenship and Immigration Services (USCIS) places heavy emphasis on the quality, significance, and international nature of the evidence submitted. While applicants must meet at least two of the six regulatory criteria, merely checking off two boxes is insufficient. Adjudicators perform a "final merits determination" to evaluate the totality of the evidence to confirm the applicant is truly outstanding in their academic field.

For Final Merits Determination, In the second, more critical step, the officer evaluates the totality of the evidence to determine if it demonstrates sustained national or international acclaim and shows the applicant is among the small percentage at the very top of their field. Weak evidence may not be sufficient to pass this final assessment, even if an applicant has met more than three criteria.

For example, if one of the evidence submitted is judging others' work, an internal judging responsibility is less important than an external judging responsibility. If the evidence is scholarly articles, the number of citations of the material is an appropriate consideration in the final merits determination.

The two-step analysis does not substantially deviate from the standard USCIS used to determine the merits of a petition. The quality of the evidence submitted is still essential for an adjudicator to decide on an application.