Free Resource · Strategic Immigration

The EB1A No-RFE Checklist

Build your petition so the officer never has to ask. A Request for Evidence isn't bad luck — it's a gap the officer found. Gaps are predictable, which means they're preventable. Use this checklist to pressure-test your petition before you file, the same way we audit ours.

What's Inside

01

Choose Your Criteria Like a Litigator

Identify your 3–4 strongest criteria — not the most, the most defensible. Map every criterion to its regulatory language and drop weak claims that invite scrutiny.

02

Prove It — Don't Just Claim It

Every assertion has an exhibit. Quantify everything, provide independent corroboration, and translate significance for a generalist officer.

03

Expert Letters That Say Something

Prioritize independent experts, tie each letter to a specific criterion with concrete examples of impact, and eliminate template language.

04

A Narrative the Officer Can't Argue With

One coherent story that cross-references every exhibit, addresses weaknesses preemptively, and shows continuing acclaim and intent.

05

The Pre-Filing Audit

Adversarial review, tabbed exhibits with an index, consistency across every form and letter — file only when the record is complete.

Strategy Note

USCIS applies a two-step analysis: first the criteria, then the ‘final merits’ totality review. Your petition must win both — separately.

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ATTORNEY ADVERTISING. This checklist is provided by Samper Law LLC for informational and educational purposes only and does not constitute legal advice. Receipt, review, or use of this material does not create an attorney-client relationship with Samper Law LLC. Immigration law and USCIS policy change frequently, and every case turns on its own facts; past results do not guarantee, warrant, or predict a similar outcome in your matter. Do not act or rely on this information without consulting a licensed immigration attorney regarding your specific circumstances.