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Merit-based · document checklist

EB-1A document checklist

EB-1A requires sustained national or international acclaim. Absent a one-time major award, the petition must satisfy at least three of ten regulatory criteria at step one, after which USCIS conducts a final merits determination on the totality of the evidence at step two. The two-step structure is what makes EB-1A packets so large: the same exhibit often supports several criteria and then has to be re-argued in the final merits section.

Governing standard

Kazarian two-step review against ten regulatory criteria

8 CFR 204.5(h)(3); Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)

Top RFE trigger: Final merits determination not argued separately from the three-criteria threshold

Criteria and evidence mapping
Documents listed
10
Always required
8
Median exhibit pages
610
Initial RFE rate
28.4%

The checklist

Grouped by the purpose each document serves.

Documents marked as always required belong in every filing of this type. The rest apply where the fact pattern calls for them.

01

Identity and eligibility

3 required of 3

  • Passport and I-94

    Full travel history for status continuity

  • Curriculum vitae

    Reconciled against every exhibit — dates and titles must match

  • Form I-140 draft

    Preference category and priority date fields verified

02

Criteria evidence

3 required of 4

  • Criterion evidence bundle (min. 3 criteria)

    Each criterion tabbed as its own second-tier exhibit

  • Independent expert letters

    Six to ten, with signed CVs as sub-exhibits

  • Citation and impact report

    With capture date and self-citation exclusion stated

  • Media coverage with translationswhere applicable

    Title, date, author and outlet significance for each

03

Final merits and intent

2 required of 3

  • Statement of intent to continue work in the field

    Signed by the beneficiary

  • Prospective work evidence

    Offer letters, contracts, funding or business plan

  • Comparative eminence evidencewhere applicable

    Where the beneficiary sits relative to the field

This page prints cleanly — use it as a client-facing document request list.

Failure modes

What draws a request on a EB-1A.

Having every document on the list is necessary and not sufficient. These are the structural problems that produce requests even when the evidence is present.

Full RFE trends hub
  • Exhibits stacked under a criterion without argument on why they satisfy it
  • Reliance on citation counts alone for original contributions of major significance
  • Expert letters from co-authors or direct collaborators presented as independent
  • No separate final merits determination section in the cover letter
  • Media exhibits with no evidence of the outlet's circulation or significance

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Docket Build is legal technology software designed for use by licensed attorneys and legal professionals. Docket Build does not provide legal advice, does not practice law, and does not create an attorney–client relationship. All legal theories, filings, and petitions must be reviewed and approved by a qualified attorney.