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EB-1A Testimonial Letters: What USCIS Actually Looks For

USCIS does not approve EB-1A cases based on the number of testimonial letters submitted. Instead, adjudicators evaluate whether those letters demonstrate independent recognition, legal relevance, and alignment with the EB-1A final merits standard. Generic or poorly structured letters often weaken otherwise strong cases.

Testimonial letters can meaningfully strengthen an EB-1A (Extraordinary Ability) petition—but only when they are drafted with precision, strategy, and legal intent. In practice, many EB-1A cases falter not because the candidate lacks extraordinary ability, but because the testimonial evidence submitted fails to carry probative value under USCIS standards.

Below are several high-level principles to understand before pursuing testimonial letters as part of an EB-1A strategy.

1. Not All Testimonial Letters Carry the Same Weight

USCIS does not assign value to testimonial letters simply because they are positive or written by senior individuals. Officers evaluate who is writing, why they are qualified to assess the beneficiary, and how the letter supports the legal framework of EB-1A eligibility.

Letters that merely restate a résumé or offer generalized praise rarely influence the outcome of a case.

2. Independence and Credibility Matter More Than Volume

Multiple letters from closely affiliated colleagues are often less persuasive than a smaller number of well-positioned, independent testimonials. However, independence alone is insufficient, the writer must also be able to credibly evaluate the beneficiary’s impact within the field, not just within one organization.

Selecting the wrong recommender can undermine even a strong evidentiary record.

 

3. Each Letter Must Align With the Legal Theory of the Case

Effective EB-1A petitions use testimonial letters strategically, not interchangeably. Each letter should serve a defined legal purpose—such as supporting original contributions of major significance, leading or critical role, high remuneration, or the final merits determination.

Letters that attempt to “cover everything” often dilute their evidentiary value.

4. Tone and Structure Are Critical

USCIS adjudicators are trained to be skeptical of exaggeration. Letters that read like marketing endorsements or character references are frequently discounted.

The most effective testimonial letters are measured, professional, factual, and written as expert assessments rather than advocacy pieces.

Why a Tailored Strategy Is Essential

There is no universal template for EB-1A testimonial letters. The appropriate structure, authors, and content depend on the petitioner’s profession, evidence profile, and overall legal strategy. What strengthens one EB-1A case may be ineffective—or even harmful—in another.

Because EB-1A eligibility is highly individualized, there is no one-size-fits-all approach to testimonial letters. A case-specific strategy is essential.

Frequently Asked Questions About EB-1A Testimonial Letters

Do testimonial letters guarantee EB-1A approval?
No. USCIS evaluates testimonial letters as part of a holistic, evidence-based analysis. Letters alone do not establish eligibility.

How many testimonial letters are required for EB-1A?
There is no required number. Quality, independence, and legal relevance matter far more than quantity.

Should EB-1A testimonial letters be customized?
Yes. Effective testimonial letters must be tailored to the petitioner’s field, evidentiary record, and legal theory of eligibility.

Speak With an EB-1A Specialist Before Proceeding

If you are considering an EB-1A petition and are unsure how testimonial letters should be approached in your specific case, experienced legal guidance is critical.

This article was prepared by Silmi Law, a U.S. immigration law firm led by Attorney Sharif Silmi, whose practice focuses on EB-1A, EB-2 NIW and other employment and investment based petitions using qualitative, evidence-driven strategies.

To discuss whether you qualify for EB-1A or NIW and how testimonial letters should be structured for your case, schedule a consultation with Attorney Sharif Silmi.

Every successful EB-1A case begins with the right strategy!

EB1A Crackdown: Why USCIS Is Revoking Petitions and How to Avoid the Trap

What Indian professionals in the U.S. need to know about fake credentials, profile-building scams, and how to build a winning EB1A case with real substance.

A major controversy is unfolding in the EB1A green card space: USCIS is revoking previously approved petitions from Indian nationals who relied on fraudulent, flimsy, or purchased evidence to meet the EB1A criteria.

If you’re an Indian professional on an H-1B or considering self-petitioning under EB1A, this is your wake-up call.

As an immigration attorney who has specialized in EB1A for the past decade, I’ve been warning about this very situation for many years. I called out the dangers of paid judging roles, fake awards, and ghostwritten media when others were promoting them as “quick wins.” Now, USCIS is cracking down. And it’s not just denials — it’s revocations after approval.

The Rise of Fraudulent “Profile Building”

Too many hopeful applicants have been sold the dream of EB1A approval through what some call “profile building companies.” These agencies often promise:

  • Judging credentials from bogus awards like Globee and Stevie
  • Publications in pay-to-play “journals” with no credible peer review
  • Paid articles or media coverage ghostwritten to appear credible

These schemes may look shiny on the surface, but they fall apart under USCIS scrutiny.

I Warned You: Globee and Stevie Awards Are Not Valid EB1A Evidence

In November 2023, I posted a short video explicitly warning that Globee and Stevie judging claims are not persuasive to USCIS. These are not legitimate peer-reviewed judging opportunities and often result in inflated, unverifiable claims.

Watch the Short: “Don’t Use Globee or Stevie Awards in Your EB1A Petition”

Yesterday, I addressed the current EB1A revocation controversy in a live YouTube video, showing receipts of how I’ve been educating clients and viewers on this issue long before this wave of scrutiny began.

Watch the Live Video: USCIS Crackdown and What It Means for You

What You Should Be Doing Instead: The Qualitative Approach

My firm takes a deep, tailored approach to building EB1A cases:

  • Focus on real-world impact, not just checkboxes
  • Highlight credible peer-reviewed judging (e.g., professional review done outside of the normal course of employment)
  • Cite tangible outcomes: how your work is used, implemented, or relied on by others
  • Develop a clear and compelling narrative showing national importance

This is not about fluff. It’s about substance. And that’s what wins.

Message to Indian Professionals in the U.S.

Indian nationals are disproportionately affected because of the high number of talented professionals applying from STEM fields. That’s also why these profile-building companies have targeted you.

The truth is simple:

  • Shortcuts don’t work
  • Weak evidence won’t hold up
  • And fraudulent tactics can get your case revoked even after it’s been approved

I’ve helped thousands of professionals build real EB1A cases that win — without the gimmicks.

Now is the time to get serious.

What You Should Do Next

 

Attorney Sharif Silmi
Silmi Law, Experts in EB1A and NIW Immigration Strategy

Why 2025 Is the Perfect Year to Become a U.S. Citizen

In our latest YouTube Live discussion, Managing Attorney Sharif Silmi broke down the state of Green Card holders and explained why naturalization should be your next strategic move. If you hold a lawful permanent resident (LPR) card, keep reading—you could be just months away from voting, traveling on a U.S. passport, and opening new doors for your family.

Fast Facts that Should Hit Home

  • 818,500 new citizens were sworn in during FY 2024—proof that the process works when guided correctly.
  • USCIS has moved 100% of Form N-400 filing online, letting you track your case 24/7 and respond to RFEs digitally.
  • The current filing fee is $760 ($380 if you qualify for the reduced-fee option). Waiting longer won’t lower the cost—but a fee hike could always be around the corner.

5 Powerful Reasons to File Your Form N-400 Now

  1. Full Voting Rights — Shape local, state, and federal policy, including immigration reforms that affect you and your community.
  2. Security of a U.S. Passport — Travel worries disappear with consular protection and visa-free entry to 180+ countries.
  3. Family Unity — Citizens can sponsor spouses, parents, and unmarried children without the crushing backlogs faced by Green Card holders.
  4. Career & Federal Benefits — Some government jobs and contracts are open only to citizens; naturalizing also unlocks full eligibility for federal aid and grants.
  5. Protection from Deportation — U.S. citizens cannot be removed for criminal or immigration violations committed after naturalization.

Am I Eligible? Quick Self-Check

You’re likely ready to file if you:

  • Have been an LPR for 5 years (you can apply at 4 years + 9 months) (or 3 years (2 years + 9 months) if married to a U.S. citizen)
  • Have maintained continuous residence and physical presence
  • Can pass basic English and civics tests (exemptions apply)
  • Possess good moral character

Not sure? Schedule a free 15-minute consult with Silmi Law and get clarity.

What Sets Silmi Law Apart?

  • 1000+ successful naturalization cases handled across all 50 states
  • Flat-fee pricing and flexible payment plans
  • In-house translators for Spanish, Arabic, French, Urdu, Farsi, Bangla
  • Secure client portal for document uploads and real-time updates

“Silmi Law turned what felt like an uphill battle into a straightforward checklist. I was sworn in just 6 months after filing.” — Rosa M., Baltimore

Ready to Start?

Every day you delay naturalization is a day you’re missing out on the rights and security that come with U.S. citizenship. Let the experienced team at Silmi Law guide you from Form N-400 to the oath ceremony.

*Disclaimer: This blog is for educational purposes and does not constitute legal advice. Consult an attorney for guidance on your individual case.*

Does My Salary Meet EB1A Criteria? Here’s the Real Answer.

USCIS Announces New EB-1A Policy Updates: Key Changes as of October 2, 2024

On October 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) released new policy guidance on the types of evidence considered for EB-1A (Extraordinary Ability) petitions. This update is particularly relevant for applicants seeking to demonstrate sustained acclaim in their field, as it clarifies several aspects of evidence evaluation. Here’s what you need to know about these changes and how they impact EB-1A petitions.

Key Clarifications in the October 2024 Update

1. Recognition of Team Awards
The updated guidance confirms that team awards can now be recognized under the “lesser nationally or internationally recognized prizes” criterion. This is significant for individuals who have contributed to group achievements, such as scientific research teams, collaborative art projects, or sports teams. Previously, the focus was more on individual accolades, but this update acknowledges the importance of contributions to group accomplishments.
2. Consideration of Past Memberships
USCIS will now consider past memberships under the membership criterion. This allows applicants to demonstrate that their accomplishments have been recognized by prestigious organizations over time. This change provides more flexibility for individuals who may have had periods of active involvement in distinguished associations, further supporting their qualifications for the EB-1A classification.
3. Published Material Requirements Updated
The October 2024 guidance has removed the requirement that published material must explicitly demonstrate the value of the individual’s work. Previously, petitioners had to show how articles or media coverage validated their contributions. With this change, published materials that primarily feature the individual and their achievements can qualify, without the need to directly assess the impact of their work.
4. Restrictions on What Constitutes an “Exhibition”
The new policy clarifies that only artistic exhibitions will be considered under the “display of the alien’s work” criterion unless comparable evidence is adequately provided. This restriction ensures that only genuine artistic showcases contribute to an applicant’s EB-1A petition, making it clearer for artists on how to qualify under this criterion. Non-artistic exhibitions will need to be supported by strong comparable evidence to be considered.
Implications for EB-1A Petitioners
These updates provide more options for demonstrating extraordinary ability, particularly in fields where traditional individual accolades may not be the norm. However, they also emphasize the need for detailed and credible evidence to support claims. Petitioners should take these changes into account when preparing their EB-1A applications to ensure they meet the updated standards.
By acknowledging team achievements, recognizing the value of past memberships, and refining the types of exhibitions considered, USCIS is providing a more nuanced framework for evaluating extraordinary ability. This update is part of a broader effort to clarify and streamline the adjudication process for high-skilled individuals seeking permanent residence in the U.S.
For the official announcement and more details on the policy changes, visit the USCIS Policy Update.
Conclusion
The October 2, 2024, update to the EB-1A policy manual represents a significant shift in how USCIS evaluates extraordinary ability petitions. By allowing the consideration of team awards, past memberships, and various types of published materials, USCIS is expanding the types of evidence that applicants can use to demonstrate their qualifications. Applicants should leverage these changes to provide a comprehensive view of their achievements while ensuring that their documentation meets the newly clarified standards.

Understanding What Constitutes a High Salary for EB1A Visa Criteria

When applying for an EB1A visa, one of the key criteria to focus upon in support of your application is demonstrating that you command a “high salary or other significantly high remuneration in relation to your peers” in your field. However, understanding what USCIS considers a high salary can be complex. 

The term “high salary” in the context of an EB1A visa isn’t defined by a specific dollar amount. Instead, USCIS looks at how your salary compares to others in your field. To satisfy this criterion, your salary ought to be higher than the top 10%—or the 90th percentile—of earners in your profession. This means your compensation should be significantly higher than the majority of professionals in similar roles, indicating that your skills and contributions are recognized as elite and are thus exceptionally valued.

This comparative approach is crucial because it highlights that the high salary criterion is about your relative standing within your field, rather than just hitting a particular income threshold. Your salary must stand out as exceptional when compared to industry standards, reflecting your extraordinary ability.

A crucial step in proving that you command a high salary is selecting the appropriate job title for your EB1A petition. Many applicants mistakenly believe that their job title must match their previous titles from H1B, EB2, or EB3 petitions. However, for EB1A, your job title should accurately reflect your  role and responsibilities tied to your EB1A field of endeavor, even if it differs from previous titles and it can even be a prospective or future role.

Choosing the right job title can be challenging, especially as the Department of Labor’s Bureau of Labor Statistics (BLS) does not list all possible titles. In such cases, you must select the closest match based on your job description and industry standards. This selection is crucial because your salary will be compared to others holding the same or similar titles. If your job title does not accurately represent your role, it can skew the comparison and affect the evaluation of your salary.

For instance, if your role as a Computer and Information Systems Manager involves a broad range of responsibilities, you need to ensure that the title you choose for your EB1A petition reflects this scope. Once you’ve identified the correct title, you can compare your salary against BLS data. If the high salary for your role is $214,050, and you earn $300,000, you have clearly exceeded the 90th percentile or higher, thus meeting the high salary criterion.

To substantiate your high salary claim, you must provide credible documentation. The most reliable document is typically your W-2 form, which outlines your total annual earnings. However, if your W-2 doesn’t fully capture your salary—perhaps due to recent changes in your compensation—an employment verification letter can be an effective supplement. Also, recent updates to adjudication procedures has opened the door for offer letters to be used as evidence that one commands a high salary.

Essentially, a high salary serves as tangible proof of your exceptional ability. If you are earning significantly more than 90% of your peers, it’s a clear indication that your expertise is highly sought after and valued. This not only supports your case but can also help differentiate your application from others who may not have such compelling evidence and serve your needs in establishing that you have reached the very highest level of your field from a final merits determination perspective.

It’s essential to approach this criterion thoughtfully. Missteps in selecting an appropriate job title or failing to provide comprehensive documentation can result in a Request for Evidence (RFE) or even denial of your petition. Ensuring that your salary is properly documented and clearly compared to industry standards strengthens your application and increases your chances of success.

Can I File for EB-1A If I Meet Only Three Criteria?

A lot of clients ask, “Can I file for an EB-1A visa if I only meet three criteria?” This is a common question, especially among those who meet the criteria of original contributions of major significance, a high salary, and leading or critical roles within their organizations. The short answer is yes—you can file for EB-1A if you meet at least three out of the ten criteria. This is a positive sign, particularly if those three criteria include critical and leading roles. However, there’s more to consider beyond just meeting the minimum requirements.

While meeting three criteria makes you eligible to apply, it doesn’t necessarily mean your case is strong enough to be approved without complications. In many cases, applicants who only meet three criteria might end up receiving a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). An RFE can delay your process and create additional hurdles, as it signals that the reviewing officer requires more convincing evidence to establish that you possess extraordinary ability. An NOID can put your back to the wall in formulating a response because you are provided only 30 days to respond to USCIS. 

One of the most important needs that exists in a successful claim for EB1A is to demonstrate to USCIS that your achievement has transcended your employer such that you are recognized beyond your circle of professional acquaintances. To improve your chances of a successful EB-1A petition, it’s essential to build and strengthen your profile beyond just the minimum three criteria. This could involve enhancing your documentation, gaining recognition in additional areas, or ensuring that your existing accomplishments are presented in the strongest possible light.

What If You Meet Four Criteria?

Now, let’s consider the situation where you meet four criteria, perhaps adding criteria such as judging the work of others or holding membership in an association that requires outstanding achievements. While this certainly strengthens your case, it doesn’t guarantee approval. The reviewing officer may still be meticulous, and if they’re not fully convinced of your extraordinary ability, an RFE might still be issued.

Meeting three or even four criteria is a significant accomplishment and puts you on the right path for an EB-1A visa. However, simply meeting the minimum number of criteria is often not enough to ensure a smooth approval process as ultimately cases are subjected to a final merits determination. This process involves a comprehensive assessment of the quality, consistency, and impact of the evidence provided. To maximize your chances of success, it’s crucial to thoroughly prepare your application, strengthen your profile, and anticipate potential challenges like an RFE. By doing so, you’ll be better positioned to demonstrate the extraordinary ability required for the EB-1A visa.

What is the Impact of Team Awards on the EB1A Process?

A team award is a recognition given to a group of individuals who have collectively accomplished a significant contribution or demonstrated excellence in a particular field or project. Unlike individual awards, which highlight the personal achievements of an individual, team awards recognize the collaborative efforts, and success of a team working together towards a shared goal. 

While team awards are valuable in acknowledging group efforts and achievements, they present a challenge when it comes to meeting specific criteria set by USCIS. USCIS’s two-step test for evaluating nationally or internationally recognized awards under the EB1A (Extraordinary Ability) category emphasizes individual recognition, which team awards inherently lack. Under this test:

First, USCIS looks at whether the individual personally received prizes or awards. This part considers the individual receiving the award, as opposed to the team or employer. Since team awards are given to the collective effort of a team, not an individual, they fail this requirement. 

Furthermore, since the team award does not satisfy the requirement of the first part, it is disqualified from further consideration under the EB1-A category. 

While it is true that the USCIS generally considers team awards to be less valuable than individual awards, they can still hold significant merit for the EB1A petition. Team awards can be particularly helpful in the following scenarios:

1. Team Award within Critical or Leading Role Criterion for Organization and Establishment 

Even though team awards may not be directly considered under the individual award category, they can be instrumental in meeting the critical role criterion for EB1A. The critical role criterion assesses the applicant’s critical or leading role in the success and outcome of an organization or establishment. Here, team awards can serve as documentary evidence of the applicant’s critical involvement and leadership within a successful team effort.

To effectively leverage the individual’s team awards under critical or leading role, applicants should clearly outline their leadership positions, unique skills, or innovative ideas that contributed to the team’s success. They should also support these claims with letters from team members, supervisors, or industry experts attesting to their unique contributions. Additionally, it is important to convey the significance of the team award by providing context about the competition, the standard of review and selection, and the prestige associated with the award. Finally, it is important to note that there might be an overlap between individual’s “leading or critical roles” and their “original contributions of major significance” in many scenarios. For instance, if you have been part of a team that received an award, this could be relevant to both criteria. In such cases, it is essential to clearly articulate your individual contributions and how they were pivotal to the team’s success. Highlighting your unique role and the impact of your work will strengthen the case for your EB1A application.

2. Team award within Final Merit Determination

Additionally, team awards can be elaborated under the final merit determination phase of the EB1A. In the final merit determination,  USCIS reviews the totality of the evidence to determine if the applicant is among the top in their field. Officers cannot restrict the types of evidence or deny a petition simply because a specific type is missing, as long as other qualifying evidence is provided. For instance, an officer may believe that an extraordinary individual should have a national or international award to be recognized as an extraordinary individual; however, the petition cannot be denied solely because such an award is not submitted, as long as other evidence meets the three qualifying criteria demonstrating the person’s extraordinary ability. 

Additionally, during the final merit determination, officers may evaluate any relevant and comparable evidence, even if it does not fall under specified regulatory criteria. This means that all submitted evidence is assessed collectively to determine the applicant’s extraordinary ability. For example, a team award, which might not fall under the national and international awards criterion, can still be considered as part of the final merit determination. The officers can take into account the significance of the team award, and how this evidence collectively supports the applicant’s claim of being at the top of their field. This flexible approach ensures that every piece of evidence is thoroughly evaluated in the final merit determination.

 

By **@******aw.com","type":"person"}”>Sima Majnooni