EB-1/O-1 Evidence Strategy: Quality vs. Quantity

When you consider filing an immigrant EB-1 petition or nonimmigrant O-1 petition, you quickly realize that qualifying for either of these two categories is no easy feat. Not only do they require extraordinary ability and achievement, they also require a strategic and meticulous presentation of the evidentiary documentation. Arguably, this is the main reason why obtaining legal counsel for these processes is so advantageous: your evidence must support the established, albeit nuanced, USCIS criteria guidelines. 

Given the stringent criteria requirements, our human instinct is to find any and every possible piece of evidence that could help our case. But this avalanche of information is not what USCIS is looking for, and a legal team provides essential guidance by reviewing, dissecting, and identifying what matters most. Our goal is to prepare a carefully curated petition that presents your case clearly, accurately, and concisely for an adjudicating officer at USCIS. We take your expertise, your field, and your evidence and make it easily digestible to a lay person. Because every case is unique, we conduct a thorough review to identify your strongest evidentiary documents for each criterion based on our knowledge and experience. In turn, this means that we also identify evidence that should be excluded altogether–not because the evidence is “bad,” but because it simply does not add to your case. 

Keep Your Petition Focused and Credible

One of my first mentors in the world of EB-1s taught me to ask myself, “If USCIS only had one hour to review this petition, what would I want them to focus on?” This has guided my practice in drafting petitions since my first EB-1 over 10 years ago. 

We must keep in mind that these cases rely on the quality of your evidence, not the quantity. Don't be fooled into thinking that the longer your petition is or the more information you include, the better. In all honesty, no one–much less a busy USCIS officer–wants to waste time trying to locate a key piece of evidence amongst a sea of nonessential documents. An experienced legal team will recognize that weaker, unnecessary documents often raise more questions than answers, leading to the dreaded “Request For Evidence” (RFE). Or, your legal team may be aware of current USCIS trends that frown upon a specific type or source of evidence, e.g., newly discovered predatory journals or overhyped awards that may raise “red flags” in the eyes of USCIS. These are real concerns that can arise during the EB-1/O-1 journey to the surprise and disappointment of genuine and hard-working petitioners. But heed our caution: strong cases shouldn’t risk their credibility with potential red flags. 

There are also cases where friends or coworkers may tell you what did or didn’t work for them, and while this may be helpful to consider, please also remember that all cases are unique and that attorneys operate and strategize differently. So while your coworker’s attorney may have struggled to argue for a specific award, trust your legal team when they tell you they’ve successfully argued for the same award on numerous occasions. Or, perhaps your legal team notices a small, but significant detail in a document that makes it unusable and advises against its inclusion. 

As stated above, oftentimes a document simply doesn't add anything to your case and detracts from your most impressive achievements. For example, imagine reading an exciting discussion about a widely cited patent with impressive real-world applications and results, only to be followed by 10 pages describing common memberships without any “outstanding achievements” (therefore failing to meet the Membership criterion). By the time an officer is done reading, their impression of those initially striking patents has been watered down. While some distinctive memberships may still be worth including, not all of them are, so it’s important to recognize the difference. 

Another common example we encounter are what a lot of people call “Letters of Appreciation” (LOAs). These can be different from Letters of Reference (LORs) and often don’t offer much content. Instead, many LOAs tend to be short and vague, offering flowery but empty compliments for someone’s work without supporting their assertions. Letters like these are easy targets for an RFE and should be omitted. In some cases, however, they can be repurposed to provide helpful information and metrics. 

This might also mean excluding a group of recently obtained documents because the timing of your evidence also matters. As a reminder, evidence must not only meet the criteria requirements, but also work together to clearly present your: 

1. Extraordinary ability in your field; 

2. Intention to continue working in your field; 

3. Sustained national/international acclaim over the years; and 

4. Prospective substantial benefit to the US.

A group of documents that clearly works against one of these key pillars of a petition can derail the case’s momentum. In effect, a large influx of new documents prior to filing can bring into question your “sustained acclaim” if older evidence is not provided to substantiate a criterion.  

These issues also highlight the need for guidance from a licensed attorney experienced in immigration matters. Unfortunately, this means being wary of programs and individuals claiming to offer immigration assistance with “guaranteed approvals” and “100% success rates.” Please always research and confirm the credentials of coaching or consulting programs. Those without a law license are not bound by legal and ethical obligations, making their advice risky and fraudulent. Further, adjudicating officers have full discretion in making their decisions, and their humanity means that mistakes or misunderstandings are possible, regardless of who filed the petition or how. So while no one (not even an attorney) can guarantee results, only licensed attorneys should be entrusted with providing professional legal advice and advocacy.

Final Thoughts

Ultimately, we shouldn’t let fear hold us back. EB-1/O-1 candidates are truly talented, impactful, and inspiring individuals. Most of their evidentiary documents will support this, but don’t lose focus. Present a clear, accurate, and concise petition that establishes you as a unique and extraordinary expert in your field. Let your high-quality evidence speak for itself. Don’t forget to ask yourself, “If USCIS only had one hour to review my petition, what would I want them to focus on?” And remember, the record has shown that the United States thrives because of immigrants like you.

Lisonbee Immigration Law would be proud to represent you, and we’re prepared to guide you through this journey. Book a Consultation

This post is part 13 of a new 17-week series published every Wednesday. Each post is written by a different employee of Lisonbee Immigration Law about a immigration topic of their choosing. This post was written by legal writer Ana Arreola Tapia.