EB-1A RFE After Meeting Three Criteria: What Final Merits Means

An EB-1A petitioner may satisfy three or more regulatory evidentiary criteria and still receive an RFE or denial. That is because the EB-1A review has two stages: the criteria review and a final merits determination based on the record as a whole.

The first stage counts qualifying criteria

The initial review asks whether the evidence fits at least three of the listed criteria, unless the petition is supported by a qualifying one-time major international award. Examples include awards, published material, judging, original contributions, scholarly articles, leading or critical roles and high remuneration.

The second stage evaluates the whole record

At final merits, USCIS considers whether the total record shows sustained national or international acclaim and that the person is among the small percentage at the top of the field. Meeting a number of criteria is a threshold; it does not make approval automatic.

Why context matters

• How important was the accomplishment in the field?
• How widely was the work recognized?
• Do independent records corroborate the claimed significance?
• Does the evidence together show sustained acclaim and extraordinary ability?

An RFE is not a denial. Respond to the issues in the notice, connect each answer to supporting evidence and follow the deadline printed on the notice. Applicant discussions can illustrate questions people encounter, but they are not USCIS policy or a prediction for an individual case.

The key point is simple: three criteria can open the final stage of review, but the complete record must still satisfy the EB-1A standard.