5 Common EB-1A RFE Mistakes and How to Avoid Them
Requests for Evidence (RFEs) are common in EB-1A. Here are the top errors that trigger them.
What is an RFE?
A Request for Evidence (RFE) means the officer isn't convinced yet. It's not a denial, but it's a hurdle. In EB-1A cases, RFEs often focus on the "Final Merits Determination."
Mistake 1: Relying on "weak" awards
Student awards, internal company "Employee of the Month" awards, or hackathon wins often don't meet the "nationally recognized" standard.
- Fix: Focus on industry-wide awards open to the top professionals in the field, not just juniors or students.
Mistake 2: "Leading Role" without context
You say you had a leading role at Google. USCIS says, "So did 5,000 other people."
- Fix: You must define the distinguished reputation of the organization and your specific critical impact on it. "I built the module that saved $10M" is better than "I was a Senior Engineer."
Mistake 3: Generic Recommendation Letters
Letters that say "He is a hard worker" or "She is brilliant" are useless (and harmful).
- Fix: Letters must be detailed, technical, and explain how your work influenced the field. They should sound like they were written by an expert, not a friend.
Mistake 4: Media that isn't focused on you
Submitting an article that mentions your startup but only quotes you once.
- Fix: Ensure the articles are primarily about you or your work. If not, use them for the "Leading Role" criterion instead of the "Media" criterion.
Mistake 5: Ignoring the "Sustained" Acclaim
You won a big award 10 years ago but have done nothing since.
- Fix: EB-1A requires sustained acclaim. Show a trajectory of success that continues to the present day.
Conclusion
An RFE is an opportunity to clarify. But avoiding it with a rock-solid initial petition "kitchen sinking" only the strongest evidence is the best strategy.