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Evidence and criteria

The ten criteria, one at a time, and what counts as proof of each.

Evidence and criteria

The final merits determination: the step that denies petitions which met three criteria

Counting to three is the first half of the analysis. The second half asks a question no checklist answers, and it is where strong-looking files fall apart.

Luis Flávio Marques Lima 3 min read

Evidence and criteria

Authorship of scholarly articles: having published is the start, not the argument

The sixth EB-1A criterion is the easiest to satisfy on paper and the least persuasive at the second step. What separates a list of papers from evidence of acclaim is what happened after publication.

Luis Flávio Marques Lima 3 min read

Evidence and criteria

Published material about you: the word 'about' is the whole criterion

The third EB-1A criterion asks for material about the person and the person's work. Coverage that quotes you as an expert on someone else's story is the most common near-miss in the whole list.

Luis Flávio Marques Lima 3 min read

Evidence and criteria

Prizes and awards: the criterion that does not require a Nobel

The first EB-1A criterion asks for lesser nationally or internationally recognized awards. USCIS says so explicitly — and then tells you exactly what sinks a local one.

Luis Flávio Marques Lima 2 min read

Evidence and criteria

Membership in associations: three things that disqualify it, named by USCIS

The second EB-1A criterion is not about belonging to an impressive organization. It is about how you got in — and the guidance lists exactly what does not count.

Luis Flávio Marques Lima 2 min read

Evidence and criteria

Leading or critical role: two separate arguments, and most files make neither

The eighth EB-1A criterion requires proving something about you and something about the organization. USCIS says the title does not decide it — performance in the role does.

Luis Flávio Marques Lima 3 min read

Evidence and criteria

Judging the work of others: the criterion people assume they failed

The fourth EB-1A criterion is the most commonly satisfied and the most commonly under-documented. The invitation is not the evidence — the completed review is.

Luis Flávio Marques Lima 3 min read

Evidence and criteria

High salary: the only EB-1A criterion with a number, and it is a comparison

The ninth criterion asks whether you command high remuneration relative to others in the field. A large salary with nothing to compare it against proves nothing.

Luis Flávio Marques Lima 3 min read

Evidence and criteria

Original contributions of major significance: what the criterion actually asks

The fifth EB-1A criterion fails more petitions than any other. The regulation asks for two things at once, and most evidence proves only the first.

Luis Flávio Marques Lima 5 min read

Find out where your record stands

The assessment is free and reads your record against the standard USCIS applies. You get a written answer — including when the answer is that this is not your pathway yet.

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