"Why Aren't You Using All of the Evidence I Gave You?" Reasons Why Some Evidence May Be Left Out of Your EB-1A Petition

When preparing an EB-1A petition, it's natural to want every achievement and document included in your case. However, our legal team makes careful choices about what evidence to submit. Here are some of the reasons why we may not include all of the evidence a client provides us.

Relevance to EB-1A Criteria

Evidence needs to map directly to the EB-1A regulatory criteria or acclaim in your field of expertise, such as major awards, published work, or a lasting impact in your field. Submitting documents that don't clearly connect to these criteria, like a general certificate of appreciation or a minor club membership, can muddy the waters and distract from stronger points. We focus on evidence that aligns precisely with what's required, making your case both clear and focused for the USCIS reviewer.

Example: Generic certificates of participation in conferences without evidence of a paper or presentation, membership cards from non-selective organizations, or attendance records at workshops. Items like these are often left out because they don't demonstrate extraordinary ability or recognition in your field.​​

Quality Over Quantity

USCIS officers are trained to look for convincing, well-documented proof of extraordinary ability. If evidence feels vague, unverified, or borderline, it may do more harm than good. We prioritize impactful pieces that meet a high standard and reflect real merit in your field.​ Submitting lots of loosely related documents isn’t as persuasive as providing a few high-quality and directly relevant pieces.​

Example: A collection of minor local media mentions, or unreviewed blog posts may not help if they lack the prestige or impact expected by USCIS. Instead, official invitations to judge international competitions or published articles in top journals are favored.​

Cohesive Case Narrative

A successful petition tells a strong, cohesive story about your unique contributions and influence. Evidence that doesn't fit this story, or requires a complicated explanation, might weaken your overall presentation. We select documents that reinforce your main claims and help USCIS officers see a consistent, exciting career narrative, rather than a patchwork of unrelated accomplishments.​ Successful EB-1A petitions tell a clear story, so anything that doesn't fit may be excluded.​

Example: A mix of documents from unrelated achievements—such as a certificate for a sports event alongside academic accomplishments—might make the story confusing, so only the documents that reinforce the main narrative are included.​

Redundancy

Excessive repetition, like submitting multiple certificates for the same achievement or several letters about one event, can bog down your petition. We weed out duplicate items, opting for the most compelling version. This keeps the focus on diversity and depth of achievements, not volume.​ Duplicate records or repetitive evidence are usually avoided to keep the petition focused.​

Example: Multiple versions of the same award or several letters from colleagues independently confirming the same achievement aren't all necessary; the most authoritative version is used.​

Potential for Misinterpretation

Some evidence may be meaningful in your field but unfamiliar to a general reviewer. An award that's very prestigious locally may not translate well unless properly explained. Our team may exclude or supplement such items if there's a risk the USCIS officer will misread, undervalue, or misunderstand their significance.

Example: Awards that are highly respected locally but not recognized nationally, or articles published in niche, non-peer-reviewed outlets, may not receive appropriate weight and can be omitted unless well-explained.​

Risk of Request for Evidence (RFE)

If a document raises questions, lacking clear details, looking suspicious, or appearing exaggerated, it could trigger an RFE from USCIS, delaying the process. We aim to present clear, straightforward materials to avoid unnecessary scrutiny and keep your application moving forward smoothly.​ Vague or questionable items can trigger time-consuming RFEs, so clarity and reliability matter.​

Example: Employer-issued letters with generic praise but lacking specifics (such as how much revenue a project generated for the company, man hours of work saved, etc.), or certificates without clear translation or description, can raise red flags and invite further questioning by USCIS.​

Consistency with Current Practice

Immigration rules and adjudication trends shift over time. An item that worked in a friend's previous petition may now be less effective or scrutinized more closely. A competent legal team will rely on up-to-date case experience, adjusting strategies to what's working now and leaving out documents that might be outdated or problematic.​ We follow current trends and USCIS guidance, not just what worked previously for someone else.​

Example: Membership in organizations once accepted as proof of accomplishment but now widely discredited (like “Who’s Who” listings, Senior IEEE membership, or pay-to-play honors) are often left out due to recent changes in adjudication standards.

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Overall, we work to craft a focused, persuasive application that demonstrates your extraordinary ability with maximum clarity and minimum risk. Our careful selection of a client’s evidence reflects strategy, expertise, and an eye toward getting your petition approved. We know that some of these choices may feel surprising, but we hope this information helps you trust that every decision is made with your success in mind.​

Book a no-commitment consultation to see if our experienced legal team can help you with your EB-1A goals.

This post is part 16 of a new 17-week series published every Wednesday. Each post is written by a different employee of Lisonbee Immigration Law about an immigration topic of their choosing. This post was written by legal writer Bowen Fraser.