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Case study · EB-1A · RFE

Two criteria accepted, original contributions of major significance challenged, with about 430 citations and two patents

The hardest criterion for many technical applicants. Citations and patents can show originality but not automatically major significance.

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EB-1ARFE
Source
Community report (self-reported)
Timeline
RFE on a single criterion
Key lesson

Major significance is a separate proof from originality. Evidence has to show influence on the field beyond the employer or project: independent citations discussing the work, adoption or licensing by others, commentary, and standards or policy influence.

Profile

Researcher with about 430 citations, two patents (one granted) and participation in funded projects, not as principal investigator.

What was claimed

  • Original scholarly contributionsMet
  • JudgingMet
  • Original contributions of major significanceNot met

What happened

The officer accepted the scholarly authorship and judging criteria and challenged the major-significance criterion.

After the RFE response, the applicant's representative suggested withdrawing the case and refiling later, citing the odds of approval. The applicant asked whether others had been approved after similar RFEs or had withdrawn and refiled successfully.

Lessons for evaluating your own case

Every notice is a list of what to fix. Use these as a checklist for your own evidence.

  • Major significance is a separate proof from originality. Evidence has to show influence on the field beyond the employer or project: independent citations discussing the work, adoption or licensing by others, commentary, and standards or policy influence.
  • Participation in funded projects is stronger when the role is specific: what the applicant designed or led, not that the project was funded.
  • Withdrawal can reset the clock and the strategy but also gives up the chance to respond. Decide with a written comparison of what new evidence you can add and when.
Limits of this case. Self-reported, with the final outcome not known to us. Any statement about officer track records is anecdotal and we do not rely on it.
Anonymized. Personal details, employers, receipt numbers, officer codes and law firms are removed. This is general information, not legal advice.

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