DIY and Verification Checklist for O-1, EB-1 Petitions: RFE Insights
TThis checklist is exclusively grounded in data from Requests for Evidence (RFE), rather than relying on attorney opinions or chat room discussions.
THE UNIDIRECTIONAL NATURE OF THE PROFESSION
For example, if you present evidence of your achievements as a coach and an athlete, this can cause confusion as these are two different roles, even if they are in the same field. Your achievements in one profession do not mean having outstanding ability in another, and vice versa. Therefore, choose one role (coach or athlete, builder or designer) to endorse in your petition.
Example from RFE:
"You claim outstanding abilities as a designer and a construction director and wish to utilize your experience in both fields to file this petition. These are different professions that are "markedly different" from each other. Your accomplishments in one profession do not mean that you have outstanding ability in the other, and vice versa. See Lee v. Ziglar, 237 F.Supp.2d 914, 918 (N.D.I11. 2002) (ruling that "[USCIS's] distinction between the extraordinary abilities of a coach and a player is well established and requires appropriate consideration"). Thus, you must select only one area of extraordinary ability for this petition for a final decision. Because much of the evidence submitted pertains to you as a construction director, we will treat your petition as a petition for construction director status as your profession until we receive a response to the RFE."
THE RELATIONSHIP BETWEEN CRITERIA AND EVIDENCE
For example, if you claim to have "received significant national or international awards or prizes in your field," the list of evidence should identify those awards or prizes. Do not just list all of your evidence, but clearly state how each piece of evidence relates to each criterion.
Another example: if you claim in your supporting letter that you have published material in professional or major trade publications or other major media outlets, make sure you provide a link to the section or Exhibit that supports this claim. It is not enough to simply state that you have such publications, you must make it clear where exactly they can be found.
Example from RFE:
"Although you state a specific criterion in your letter, in your list of exhibits you do not specify which exhibits are evidence supporting a criterion. In your response, please clarify which exhibits support a criterion".
THE RELEVANCE OF YOUR BACKGROUND AND EDUCATION TO THE PROFESSION STATED IN THE PETITION
Example from RFE:
"We note that according to your curriculum vitae and educational credentials, you have worked in the financial services industry as an account manager for most of your career (July 2007 through July 2019), and that you originally majored in computer systems engineering. In addition, a review of your education and work experience does not support many of the allegations in this petition. Please provide clear and objective evidence of your professional knowledge (professional education and licenses) that qualifies you to be considered an expert in the field of design and construction plan review. Otherwise, please provide a detailed explanation, accompanied by clear objective evidence, of your professional training and experience that enabled you to fulfill the claims asserted in this petition."
1. PUBLISHED MATERIAL ABOUT THE PETITIONER IN PROFESSIONAL OR MAJOR TRADE PUBLICATIONS OR OTHER MAJOR MEDIA
Articles in major and reputable publications (online or offline) about you, your work and your merits.
Evidence:
Place of publication:
Make sure the materials are published in:
Material Content:
Ensure that the materials fundamentally:
Media Format:
Ensure that the submitted evidence corresponds to the media format in which it was published.
Time of publication:
Design Accuracy:
Final Review:
As clearly outlined in the RFEs, ensure the following for the 'Published Material' section of your petition:
Example from RFE:
"You provided an article from sm.news that describes you as an "expert in the field of design and 3D modeling." You also provided articles from novostienergetiki.ru and pravda.ru where you discuss modeling technologies. None of these articles relate to your extraordinary ability in construction management. Of important note is that all of these articles came into existence shortly before your filing of this petition. Additionally, we do not consider these sources as legitimate media as they are web portals or distribution platforms open to user-created and marketing contentβ.
Additional RFE Example:
βWhile the petitioner provided statistics, such as Unique Users per Day, Unique Users per Month, Page Views per Month, and Site Quality Index from Google Analytics, the petitioner did not explain or show the significance of these figures, indicating major status or standing. The petitioner did not submit sufficient evidence to establish the circulation statistics for the websites www.tumen.kp.ru; www.sport-tyumen.com, nor did the petitioner provide other circulation data to compare with those of this website, or information about its intended audience. Without additional corroboration, the petitioner has not illustrated that the online material was professional or major trade publication or other major medium.β
Additional RFE Example:
βThe applicant points to data showing the number of visits to the websites of various publications, but the raw numbers do not provide a comparison to other circulation figures required by the USCIS policy manual. Data alone is insufficient to fulfill the requirements of this criterion. Publications aimed only at regional audiences are generally not considered major media, and the applicant has not demonstrated that the published material qualifies as professional or major trade publications or other major media.β
2. PARTICIPATION AS A JUDGE
Participate as a judge, individually or as part of a panel, in evaluating the work of others in the same or related area of specialization.
The role of the judge and a description of the criteria for selecting you as a judge: The phrase "judge" implies a formal appointment as a judge, either individually or as part of a panel of experts.
Definition and Role of a Judge:
The term "judge" suggests a formal designation, either as an individual or within a panel of experts.
Criteria for Selection as a Judge:
Relevance of Expertise in Judging:
Verification of Your Active Judging Role:
Evaluation of Peer Specialists:
Findings and Recognitions:
Example from RFE:
"In support of this criterion, you submitted several letters inviting you to review detailed construction plans for very complex projects. Of note is that one of the requested reviews involve highly complex calculations related to the geotechnical branch of civil engineering. Another involves a full assessment of a proposed wind farm. Several more were submitted across different career fields. However, as they are all design reviews they do not relate to your field of construction management. Accordingly, the evidence does not meet the plain language of this criterion.
As mentioned previously, a review of your education and experience does not support many of the claims made in this petition. Please submit clear objective evidence of your credentials (professional education and licenses) that would allow you to be considered an expert in the design and review of construction plans. Failing that, please provide a detailed explanation, with accompanying clear objective evidence, of your training and experience that has allowed you to accomplish the claims submitted in this petition.β
Additional RFE Example:
βThe evidence in the record demonstrates that the petitioner served as a Referee. The submitted evidence does not show the petitioner actually reviewed any work or otherwise acted as a judge of the work of others in that capacity. Without further documentation, such as evidence that the petitioner awarded ratings or exercised judgment in evaluating individuals, the evidence regarding that role is insufficient.β
Additional RFE Example:
βThe majority of the documentation submitted identifies the event you describe occurred, but does not relate to the beneficiary specifically, or the judging process. The letters from HE/SHE and pages from [URL link] confirms the beneficiary's participation as a judge, but also do not establish the criteria for this participating as a judge. USCIS notes that the page for [URL link] returns 84 pages of "experts and jury" for the competition. As such USCIS is unable to evaluate the beneficiary's specific contribution to this large pool of participants without additional information and documentation. Additionally, these participants are described as "top representatives of the IT industry... leading specialists... [and] external experts - professionals in their field". This appears to identify that a wide range of qualifications and specializations are acceptable for participation.β
3. ORIGINAL AND SIGNIFICANT CONTRIBUTIONS IN YOUR PROFESSIONAL FIELD
It's essential to provide evidence of your original and significant contributions to the scientific, scholastic, artistic, athletic, or business domain you're involved in.
Demonstrating Original and Significant Contributions:
Evidence can comprise:
Media Discussion:
Citation of Your Work:
Adoption of Your Work by Others:
Recommendation Letters from Experts:
Verify the Relevance of Your Area of Expertise:
Confirm Your Authorship and Involvement:
When presenting reports, articles, or other documents, ascertain that you can validate your authorship or active role in their formulation. This can be corroborated by:
Ensure Timeliness and Pertinence:
Verify the Accessibility of Your Submitted Materials:
Example from RFE:
"To satisfy this criterion you submitted an unpublished report provided to the City of [name of the city] relating to the pulp mixing process in precipitator reactors. We note that the report was submitted less than two years after you left your position as an office manager in the banking industry. Though your name appears on the document in a "director" capacity, there is no evidence that you participated in the research or authorship of the article. Additionally, the article is not in the field of construction management.
You also submitted several letters claiming the implementation of your designs and their significance related to efficiency, etc. But these don't relate to the field of construction management.
You also submitted letters of reference from [name] who primarily describe your past works and accomplishments in a variety of fields not related to construction management. However, they do not demonstrate your original contributions to the field or that they are of major significance. In any case, the submission of solicited letters supporting the petition is not presumptive evidence of eligibility. Please note that statements made regarding your original contributions not supported by independent, corroborating evidence are insufficient.β
Additional RFE Example:
βAlthough the author of the letter claim the beneficiary has made contributions in the field of endeavor, simply presenting or publishing work is insufficient to satisfy this criterion. The documentation to show that the beneficiary's work is being implemented by others in the field, does not demonstrate that the beneficiaryβs work has provoked widespread public commentary, and/or that the beneficiary has patents and/or licensed technology being used by others. Please note, that while having others in the field cite the beneficiaryβs work is noteworthy, it does not establish that work is of major significance in the field.β
Provide evidence of your authorship in scholarly articles within your field, published in professional journals, major trade publications, or other significant media outlets.
Characteristics of a Scholarly Article:
Ensure that your articles meet the scholarly criteria, including:
Article Authorship:
Relevance to Your Specialization:
Publication in a Recognized Outlet with Proof of Reputation:
Foundation in Original Research:
Ensure that your article isn't merely an opinionated piece. It should be rooted in original research or incorporate findings from other researchers. The article's content should clearly reflect this.
Example from RFE:
"You also submitted a very recent article from Innovations and Investments that discusses the advantages at 3-D design of Industrial facilities. Though the article is structured to have traits of scholarly articles (keywords, references, etc.), the article itself is an opinion piece not based on original research, nor does it build upon the research of others. As such, we find it to be a basic article and we do not find it to be scholarly in nature as defined above. Additionally, the article is not in the field of construction management and no evidence was submitted with the article establishing that the publications are considered professional or major trade publications or other major media.
You also submitted an article from International Science journal that discusses subsurface uranium leaching. We note that this article was published shortly after you left previous employment. This article has the same traits as the last-mentioned article, and it will not satisfy this criterion.β
Additional RFE Example:
βThe submitted material appears to be for an audience such as the general public and not for learned individuals. The evidence does not establish the material was written for "learned individuals" and contains the characteristics of a scholarly article.β A scholarly article reports on original research and experimentation or consists of philosophical discourse and, in general, has footnotes, endnotes, or a bibliography; and it may include graphs, charts, or pictures as illustrations of the concept expressed in the article. Additionally, a scholarly article is written for learned persons in the field and often undergoes peer review prior to publication.. "Learned" is defined as "having or demonstrating profound knowledge or scholarship". Learned persons include all persons having profound knowledge of a field.β
5. LEADING OR CRITICAL ROLE IN ESTEEMED ORGANIZATIONS OR INSTITUTIONS
Provide evidence showcasing that you've held a pivotal or leadership position in organizations or institutions with an exceptional reputation.
Substantiating a Leadership or Crucial Role:
Ensure your petition includes the following evidence:
Role Documentation. Proof that you've held a significant role within an organization or institution.
Awards. Any accolades received in connection with your role.
Appointment Details. Documents indicating your designated role.
Role Significance. Evidence highlighting the importance of your role to the project's or organization's success. This can encompass letters from peers or superiors acknowledging your contributions, or materials showcasing your achievements within the organization.
Supporting Role's Importance. Even if you held a supportive role, it can be deemed "critical" if your performance was pivotal to the organization. The essence of a role isn't solely based on its title but on how effectively it was executed.
Evidence of Significant Impact on the Organization:
Contribution Significance. Provide proof that your work or contributions have made a substantial mark on your industry or domain. This can be demonstrated through publications, citations, patents, or other acknowledgments of your input. For instance, if you've developed prototypes or undertaken other innovative tasks, offer evidence illustrating its profound influence on the field.
Beyond Routine Tasks. Highlight that your role wasn't merely about executing standard tasks but was crucial to the organization. An officer might perceive regular job functions as insufficient to meet this standard. Hence, underscore how your contributions transcended typical responsibilities and were pivotal for the organization's success.
Position within Organizations:
Hierarchy Documentation. Ensure you've provided documents that depict or describe your rank within the organizational hierarchy, especially when showcasing your critical role. Refer to the RFE example provided for further clarity on this aspect.
Evidence of Enhanced Company Performance:
Performance Impact. Ensure the petition demonstrates that your contributions have positively influenced the company's financial or other pivotal performance metrics. This can be substantiated with reports, graphs, tables, or other documents highlighting the enhancement in the company's performance due to your efforts.
Recommendation Letters from Employers or Supervisors:
Inclusion of Letters. Confirm that the petition encompasses letters from present or past employers or supervisors who are intimately aware of the significance of your leadership or essential role.
Detailed Descriptions. Letters should delve into specifics, offering concrete examples of your contributions and their subsequent impact. They should also accentuate your pivotal role in projects or organizational endeavors.
Comparison with Peers. Ensure that the letters detail your tasks or achievements in relation to other colleagues performing analogous roles in the domain.
Author Details. Letters should clearly state the writer's name, address, and designation.
Date Presence. Verify that each letter is dated. An absent date might cast doubts on the letter's authenticity.
Professional Presentation: Ensure the letter is drafted on official letterhead, enhancing its credibility and professionalism.
Email Authenticity. Confirm that the letter writer uses a professional email domain. Personal email domains, like Gmail, might diminish the letter's perceived professionalism.
Role Clarity. Letters should lucidly elucidate why your role qualifies as 'leadership' or 'critical'.
Professional Appearance. Ensure the letter doesn't appear personal, which might compromise its credibility, but maintains a professional tone and presentation.
Evidence of the Organization's Distinguished Reputation:
Reputation Verification. Ensure the petition showcases evidence that the organization or institution, where you assert having a pivotal role, possesses a distinguished reputation. As per USCIS officers' indications in the RFE, "distinguished" is interpreted as per its dictionary definition, signifying prominence, excellence, eminence, or a stature befitting someone renowned.
Review Your Petition's Claims:
External Recognition. While affirming an organization's eminent reputation, reliance shouldn't be solely on internal documents. The recognition should be externally validated, encompassing sources like articles in esteemed journals, reports from independent entities, or endorsements from top industry authorities.
Industry Achievements. This can include patents, contracts, sales figures, profit margins, or other financial metrics.
Expert Testimonials. Incorporate letters from industry experts vouching for the organization.
Affiliations. Provide documents that confirm membership in national or international organizations.
Collaborations. Offer documents that validate partnerships with other renowned entities.
Major Project Involvement. Include documents that attest to participation in significant projects or contracts.
Beyond Press Releases. Ensure that the evidence about the organization's reputation extends beyond mere press releases or organizational charts. Descriptions should lucidly establish the organization's esteemed standing.
Reliable Sources. If referencing Wikipedia or other publicly editable platforms, ensure the information is corroborated by other trustworthy sources. Officers in RFE have explicitly mentioned that Wikipedia might not be deemed a reliable information source.
Evidence of Project's Influence on Organization's Reputation:
Concrete Impact. If you're asserting that your projects or accomplishments have bolstered the organization's reputation, ensure you present tangible evidence of this influence, rather than merely enumerating projects or accolades.
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