I-140 PETITION SUPPORT LETTER

EB-1A EXTRAORDINARY ABILITY CLASSIFICATION

WITH EXHIBIT INDEX AND ORGANIZATION GUIDE

PART ONE: PETITION SUPPORT LETTER

[__/__/____]

U.S. Citizenship and Immigration Services
[________________________________]
[________________________________]
[________________________________]

Re: Form I-140 Immigrant Petition for Alien Workers
Classification Sought: EB-1A -- Alien of Extraordinary Ability
Petitioner: [________________________________] [Self-Petition / Employer Name]
Beneficiary: [________________________________]
A-Number: [________________________________]
Field of Endeavor: [________________________________]

Dear Adjudicating Officer:

I. INTRODUCTION AND CLASSIFICATION REQUESTED

We respectfully submit this Form I-140 petition on behalf of [________________________________] ("Beneficiary"), seeking classification as an alien of extraordinary ability in the field of [________________________________] under Section 203(b)(1)(A) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1153(b)(1)(A), and its implementing regulations at 8 C.F.R. § 204.5(h).

The Beneficiary [is self-petitioning / is sponsored by [________________________________] ("Petitioner")]. [He/She/They] possess[es] extraordinary ability as evidenced by sustained national and international acclaim in [________________________________], and [his/her/their] achievements have been recognized by peers, institutions, and the broader professional community. The enclosed evidence demonstrates that the Beneficiary satisfies at least [____] of the ten (10) regulatory criteria at 8 C.F.R. § 204.5(h)(3), and the totality of the record establishes that [he/she/they] [is/are] among that small percentage who have risen to the very top of the field.

This petition is filed for [☐ Regular Processing / ☐ Premium Processing under Form I-907]. [If applicable: A concurrent Form I-485 Application to Adjust Status is filed herewith.]

The filing fee of $[________] and the Asylum Program Fee of $[________] are enclosed. [If premium processing: The premium processing fee of $[________] is also enclosed with Form I-907.]

Current Filing Fees (as of February 2026):
- I-140 Base Fee: $715
- Asylum Program Fee: $600 (large employer) / $300 (small employer, 25 or fewer FTE) / $0 (nonprofit)
- Premium Processing (I-907): $2,805 (before 3/1/2026) / $2,965 (on or after 3/1/2026)

II. BENEFICIARY PROFILE AND FIELD DEFINITION

A. Biographical Summary

B. Professional Background

[________________________________]
[Provide a 2-4 paragraph narrative describing the Beneficiary's professional journey, key accomplishments, educational background, and trajectory of achievement in the field. This section should be compelling and establish the Beneficiary's credentials before the criterion-by-criterion discussion.]

[________________________________]

[________________________________]

[________________________________]

C. Defining the Field of Endeavor

The Beneficiary's field of extraordinary ability is [________________________________]. For purposes of this petition, this field is defined as [________________________________]. This definition is consistent with standard professional classifications and encompasses practitioners who [________________________________].

Practitioner Note on Field Definition: The field should be defined neither too broadly (which makes it harder to demonstrate top-of-field status) nor too narrowly (which USCIS may view as gerrymandering). The definition should be consistent with how the profession is recognized by industry, academia, and professional organizations. See USCIS Policy Manual, Vol. 6, Part F, Ch. 2.

III. LEGAL STANDARD

A. Statutory and Regulatory Framework

An immigrant visa is available under Section 203(b)(1)(A) of the INA to an alien who possesses extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field of expertise. 8 U.S.C. § 1153(b)(1)(A); 8 C.F.R. § 204.5(h).

"Extraordinary ability" means "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2).

The EB-1A classification does not require a labor certification or a specific job offer. The alien may self-petition. 8 C.F.R. § 204.5(h)(5).

B. Two-Step Adjudicative Framework (Kazarian)

Pursuant to Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), and the USCIS Policy Manual (Vol. 6, Part F, Ch. 2), adjudication proceeds in two steps:

Step One: Determine whether the petitioner has submitted evidence satisfying the plain-language requirements of at least three (3) of the ten (10) regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x), OR evidence of a one-time major internationally recognized award under 8 C.F.R. § 204.5(h)(3).

Step Two (Final Merits Determination): Evaluate the totality of the evidence to determine whether the petitioner has demonstrated by a preponderance of the evidence that the Beneficiary (a) has sustained national or international acclaim and (b) is one of that small percentage who have risen to the very top of the field.

IV. STEP ONE: CRITERION-BY-CRITERION ANALYSIS

The Beneficiary satisfies the following [____] criteria under 8 C.F.R. § 204.5(h)(3). Each criterion is discussed below with references to specific exhibits in the evidentiary record.

CRITERION 1: AWARDS -- 8 C.F.R. § 204.5(h)(3)(i)

"Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor."

☐ Claimed ☐ Not Claimed

[________________________________]

The Beneficiary has received the following awards and prizes demonstrating excellence in [________________________________]:

Award 1: [________________________________]
- Granting Organization: [________________________________]
- Date Received: [__/__/____]
- Selection Process: [________________________________]
- Scope (National/International): [________________________________]
- Number of Applicants/Nominees: [____] out of [____]
- Significance: [________________________________]
- Supporting Evidence: See Exhibits [____], [____], [____]

Award 2: [________________________________]
- Granting Organization: [________________________________]
- Date Received: [__/__/____]
- Selection Process: [________________________________]
- Scope (National/International): [________________________________]
- Number of Applicants/Nominees: [____] out of [____]
- Significance: [________________________________]
- Supporting Evidence: See Exhibits [____], [____]

[Add additional awards as needed]

These awards are nationally/internationally recognized prizes for excellence, not merely certificates of participation, and they collectively demonstrate the Beneficiary's standing among the elite in [________________________________].

CRITERION 2: MEMBERSHIP -- 8 C.F.R. § 204.5(h)(3)(ii)

"Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields."

☐ Claimed ☐ Not Claimed

[________________________________]

Membership 1: [________________________________]
- Organization: [________________________________]
- Membership Level/Class: [________________________________]
- Admission Requirements: [________________________________]
- Judging Body: [________________________________] (recognized national/international experts)
- Selectivity: Approximately [____] members out of [____] eligible professionals
- Date of Election/Induction: [__/__/____]
- Supporting Evidence: See Exhibits [____], [____]

Membership 2: [________________________________]
- Organization: [________________________________]
- Membership Level/Class: [________________________________]
- Admission Requirements: [________________________________]
- Judging Body: [________________________________]
- Selectivity: [________________________________]
- Date of Election/Induction: [__/__/____]
- Supporting Evidence: See Exhibits [____], [____]

[Add additional memberships as needed]

Practitioner Note: Basic professional association memberships that require only payment of dues, a degree, or minimal experience do not satisfy this criterion. The membership must require outstanding achievements judged by recognized experts. Include bylaws, membership criteria documents, and evidence of the judging process.

CRITERION 3: PUBLISHED MATERIAL -- 8 C.F.R. § 204.5(h)(3)(iii)

"Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought."

☐ Claimed ☐ Not Claimed

[________________________________]

The following published materials are about the Beneficiary and [his/her/their] work in [________________________________]:

Each publication is a professional or major trade publication (or other major media outlet) with significant readership or circulation. The articles are specifically about the Beneficiary and [his/her/their] work -- not merely mentioning the Beneficiary in passing and not authored by the Beneficiary.

Practitioner Note: Include evidence of each publication's circulation, readership, or significance (e.g., Alexa rankings for websites, subscriber data for journals, Nielsen ratings for broadcast media). Exclude self-authored pieces, paid advertisements, and press releases.

CRITERION 4: JUDGING -- 8 C.F.R. § 204.5(h)(3)(iv)

"Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought."

☐ Claimed ☐ Not Claimed

[________________________________]

The Beneficiary has served as a judge of the work of others in the following capacities:

[Provide narrative discussion of judging activities, including peer review for journals (with journal impact factors), grant review panels, thesis/dissertation committees, competition judging, editorial board service, and similar activities. Explain why the Beneficiary was selected to serve as a judge.]

[________________________________]

CRITERION 5: ORIGINAL CONTRIBUTIONS -- 8 C.F.R. § 204.5(h)(3)(v)

"Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field."

☐ Claimed ☐ Not Claimed

[________________________________]

The Beneficiary has made the following original contributions of major significance to the field of [________________________________]:

Contribution 1: [________________________________]
[________________________________]
[Describe the contribution, its originality, and why it is of "major significance" -- i.e., it has been widely adopted, cited, implemented, or has otherwise had a demonstrable impact on the field. Include supporting citations, expert testimony, and quantitative metrics.]
- Evidence of Impact: [________________________________]
- Expert Testimony: See Exhibit [____] (letter from [________________________________])
- Citation/Adoption Metrics: [________________________________]
- Supporting Evidence: See Exhibits [____], [____], [____]

Contribution 2: [________________________________]
[________________________________]
- Evidence of Impact: [________________________________]
- Expert Testimony: See Exhibit [____]
- Supporting Evidence: See Exhibits [____], [____]

[Add additional contributions as needed]

Practitioner Note: This criterion requires more than mere originality. The contribution must be of "major significance" to the field. Evidence should include: (1) expert opinion letters from independent authorities explaining the significance; (2) citation analysis or adoption metrics; (3) evidence that others in the field have built upon, implemented, or been influenced by the contribution; and (4) any awards, recognition, or funding specifically tied to the contribution.

CRITERION 6: SCHOLARLY ARTICLES -- 8 C.F.R. § 204.5(h)(3)(vi)

"Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media."

☐ Claimed ☐ Not Claimed

[________________________________]

The Beneficiary has authored [____] scholarly articles in peer-reviewed journals and professional publications. Key publications include:

Publication Metrics:
- Total Publications: [____]
- Total Citations: [____]
- H-Index: [____]
- i10-Index: [____]
- Source: [Google Scholar / Scopus / Web of Science] (See Exhibit [____])

CRITERION 7: ARTISTIC EXHIBITIONS -- 8 C.F.R. § 204.5(h)(3)(vii)

"Evidence of the display of the alien's work in the field at artistic exhibitions or showcases."

☐ Claimed ☐ Not Claimed

[________________________________]

[If applicable, list exhibitions, galleries, showcases, performances, or displays where the Beneficiary's work has been featured.]

CRITERION 8: LEADING OR CRITICAL ROLE -- 8 C.F.R. § 204.5(h)(3)(viii)

"Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation."

☐ Claimed ☐ Not Claimed

[________________________________]

Role 1: [________________________________]
- Organization: [________________________________]
- Distinguished Reputation: [________________________________] [Provide evidence of the organization's distinguished reputation -- rankings, revenue, industry standing, awards, media recognition]
- Beneficiary's Title/Role: [________________________________]
- Duration: [__/__/____] to [__/__/____] [or Present]
- Nature of Role (Leading/Critical): [________________________________]
- ☐ Leading Role: The Beneficiary held a position of authority, leadership, and decision-making responsibility within the organization. [Describe leadership scope, number of direct reports, budget authority, strategic impact.]
- ☐ Critical Role: The Beneficiary's contributions were of such significance that without them, the organization's outcomes would have been meaningfully diminished. [Describe specific contributions, projects led, products developed, revenue generated.]
- Supporting Evidence: See Exhibits [____], [____], [____]

Role 2: [________________________________]
- Organization: [________________________________]
- Distinguished Reputation: [________________________________]
- Beneficiary's Title/Role: [________________________________]
- Nature of Role (Leading/Critical): [________________________________]
- Supporting Evidence: See Exhibits [____], [____]

[Add additional roles as needed]

CRITERION 9: HIGH REMUNERATION -- 8 C.F.R. § 204.5(h)(3)(ix)

"Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field."

☐ Claimed ☐ Not Claimed

[________________________________]

Comparative Data:

Supporting Evidence: See Exhibits [____], [____]

CRITERION 10: COMMERCIAL SUCCESS -- 8 C.F.R. § 204.5(h)(3)(x)

"Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales."

☐ Claimed ☐ Not Claimed

[________________________________]

COMPARABLE EVIDENCE -- 8 C.F.R. § 204.5(h)(4)

☐ Comparable evidence is submitted for Criterion(a) [____]

[________________________________]
[If the standard criteria do not readily apply to the Beneficiary's occupation, explain why, identify the criterion for which comparable evidence is offered, and describe the evidence and its comparable probative value.]

V. STEP TWO: FINAL MERITS DETERMINATION

Having established that the Beneficiary satisfies at least [____] of the ten regulatory criteria, we now present the totality of the evidence for the final merits determination.

A. Sustained National or International Acclaim

[________________________________]
[Provide a holistic narrative demonstrating sustained acclaim over time. This is not merely a restatement of the criteria met, but an integrated argument showing a pattern of recognition that has persisted over a meaningful period. Address the "sustained" element specifically -- show that acclaim is not based on a single moment or isolated event but reflects ongoing, consistent recognition.]

[________________________________]

[________________________________]

B. Top of the Field -- Small Percentage

[________________________________]
[Demonstrate that the Beneficiary is among the very small percentage at the top of the field. Use comparative metrics where available: citation rankings, salary percentiles, award selectivity rates, membership acceptance percentages, peer recognition indicators. Explain what "top of the field" means in the context of the Beneficiary's specific field and how the Beneficiary's record compares to peers.]

[________________________________]

[________________________________]

C. Intent to Continue Work in the Field

The Beneficiary intends to continue working in the field of [________________________________] in the United States. Specifically, [he/she/they] will [________________________________] [describe current employment, planned research, upcoming projects, business ventures, or other activities in the area of extraordinary ability].

See Exhibit [____] (employment verification letter / offer letter / business plan / research agenda).

D. Substantial Prospective Benefit to the United States

The Beneficiary's entry and continued work in the United States will substantially benefit the nation. [________________________________] [Describe specific prospective benefits: advancing scientific knowledge, creating employment, generating economic activity, enriching cultural life, enhancing U.S. competitiveness, contributing to education, etc.]

[________________________________]

VI. CONCLUSION

For the reasons set forth above, the evidence conclusively demonstrates that [________________________________] possesses extraordinary ability in [________________________________], has achieved sustained national and international acclaim, and is one of that small percentage who have risen to the very top of [his/her/their] field. The Beneficiary intends to continue work in [his/her/their] area of extraordinary ability in the United States, and [his/her/their] entry will substantially benefit the nation.

We respectfully request approval of this Form I-140 petition.

Thank you for your consideration.

Respectfully submitted,

______________________________
[________________________________]
[Attorney Name], Esq.
[Bar Admission(s): ________________________________]
[Firm Name]
[Street Address]
[City, State ZIP Code]
[Telephone: ________________________________]
[Email: ________________________________]

Date: [__/__/____]

PART TWO: EXHIBIT ORGANIZATION GUIDE

I. EXHIBIT NUMBERING AND TABBING SYSTEM

This section provides a standardized system for organizing exhibits in the EB-1A petition packet. Consistent organization aids adjudication and reduces the risk of evidence being overlooked.

A. Recommended Numbering Convention

Use the following alphanumeric system:

• Tab 1 -- Forms and Fees: All USCIS forms and fee documentation
• Tab 2 -- Identity and Status: Passport, visa, I-94, prior approvals
• Tab 3 -- Personal Statement: Beneficiary's declaration and CV
• Tab 4 through Tab [N] -- Criterion Evidence: One tab per claimed criterion
• Tab [N+1] -- Expert Letters: All expert/recommendation letters
• Tab [N+2] -- Final Merits: Comparative evidence, summary charts
• Tab [N+3] -- Translations: All certified translations
• Tab [N+4] -- Concurrent AOS: I-485 packet (if applicable)

Within each tab, number exhibits sequentially with the tab prefix (e.g., Tab 4, Exh. 4-1, 4-2, 4-3).

B. Pagination

Paginate each exhibit consecutively within its tab (e.g., Tab 4, Exh. 4-1, pp. 001-015). Include a running footer or stamp on each page showing "Tab [X], Exh. [X-Y], p. [Z] of [Total]."

II. MASTER EXHIBIT INDEX

Tab 1: Forms, Fees, and Administrative Documents

Tab 2: Identity and Immigration Status Documents

Tab 3: Personal Statement and Background

Tab 4: Criterion 1 -- Awards [8 C.F.R. § 204.5(h)(3)(i)]

Tab 5: Criterion 2 -- Memberships [8 C.F.R. § 204.5(h)(3)(ii)]

Tab 6: Criterion 3 -- Published Material [8 C.F.R. § 204.5(h)(3)(iii)]

Tab 7: Criterion 4 -- Judging [8 C.F.R. § 204.5(h)(3)(iv)]

Tab 8: Criterion 5 -- Original Contributions [8 C.F.R. § 204.5(h)(3)(v)]

Tab 9: Criterion 6 -- Scholarly Articles [8 C.F.R. § 204.5(h)(3)(vi)]

Tab 10: Criterion 7 -- Exhibitions [8 C.F.R. § 204.5(h)(3)(vii)]

Tab 11: Criterion 8 -- Leading/Critical Role [8 C.F.R. § 204.5(h)(3)(viii)]

Tab 12: Criterion 9 -- High Remuneration [8 C.F.R. § 204.5(h)(3)(ix)]

Tab 13: Criterion 10 -- Commercial Success [8 C.F.R. § 204.5(h)(3)(x)]

Tab 14: Comparable Evidence [8 C.F.R. § 204.5(h)(4)]

Tab 15: Expert Opinion and Recommendation Letters

Practitioner Note on Expert Letters:
- Aim for a mix of independent experts and collaborators, with emphasis on independent voices.
- Each letter should address specific criteria and contributions with factual detail.
- Letters should explain the writer's qualifications to opine on the Beneficiary's work.
- Avoid formulaic or templated letters -- USCIS will discount letters that appear generic.
- Include the writer's CV or biographical information as a sub-exhibit.

Tab 16: Final Merits and Comparative Evidence

Tab 17: Certified Translations

Tab 18: Concurrent I-485 Adjustment of Status (if applicable)

III. EXHIBIT PREPARATION CHECKLIST

A. Before Assembling the Packet

☐ All forms reviewed, signed, and dated
☐ Fee amounts verified at https://www.uscis.gov/feecalculator
☐ Correct filing address confirmed (online or mailing address)
☐ All claimed criteria supported by at least two types of evidence
☐ Expert letters reviewed for specificity and factual accuracy
☐ Citation analysis is current (within 30 days of filing)
☐ All foreign-language documents have certified English translations
☐ Translation certifications comply with 8 C.F.R. § 103.2(b)(3)

B. Assembling the Physical Packet (if paper filing)

☐ Each tab separated by labeled dividers
☐ Exhibits numbered consistently with cover letter references
☐ Pages within each exhibit sequentially numbered
☐ Table of contents / master exhibit index placed at front of packet
☐ Two-hole punched or bound in expandable folders (no binder clips that may come loose)
☐ Color copies where originals are in color (for awards, media publications, etc.)
☐ Complete duplicate set prepared for attorney/petitioner records
☐ Mailing label prepared with correct address
☐ Tracking number recorded for courier/certified mail delivery

C. Final Quality Review

☐ Cover letter references match actual exhibit numbers
☐ No orphan exhibits (every exhibit cited in cover letter)
☐ No missing exhibits (every citation in cover letter has corresponding exhibit)
☐ Spell-check completed on cover letter and personal statement
☐ Beneficiary's name consistent throughout all documents
☐ Dates are consistent and accurate across all documents
☐ A-number (if any) is correct on all forms
☐ G-28 signed by both attorney and Beneficiary

PART THREE: PRACTITIONER GUIDANCE

I. AAO DECISION PATTERNS AND COMMON RFE ISSUES

The Administrative Appeals Office ("AAO") has issued numerous decisions addressing EB-1A petitions. Key patterns include:

1. Insufficient Final Merits Showing: The most common basis for denial at the AAO level. Meeting the criteria threshold at Step One is necessary but not sufficient. The AAO consistently holds that merely documenting three criteria does not establish extraordinary ability without a persuasive Step Two analysis.

2. Generic Expert Letters: The AAO discounts letters that contain only conclusory statements or appear to be based on templates. Letters must demonstrate detailed, personal knowledge of the Beneficiary's specific contributions.

3. Weak "Major Significance" Evidence: For Criterion 5, the AAO requires evidence that contributions have been recognized and adopted beyond the Beneficiary's immediate circle. Publication alone is insufficient.

4. Overly Broad or Narrow Field Definition: The AAO has remanded cases where the field was defined to include only a few practitioners (too narrow) or so broadly that the Beneficiary's standing was diluted (too broad).

5. Missing Comparative Context: The AAO expects evidence placing the Beneficiary's achievements in context relative to peers. Abstract superlatives without data are unpersuasive.

II. TIPS FOR RESPONDING TO AN RFE

If USCIS issues a Request for Evidence (RFE):

☐ Respond within the deadline stated in the RFE (typically 87 days)
☐ Address each deficiency identified by the officer specifically
☐ Submit new or supplemental evidence for each identified issue
☐ Do not merely restate arguments from the original petition
☐ Consider obtaining additional expert letters targeted to the RFE issues
☐ Provide a point-by-point response organized by the RFE's specific requests
☐ Include updated metrics (citations, publications, awards) if available

III. PREMIUM PROCESSING CONSIDERATIONS

• Premium processing guarantees an initial action (approval, denial, RFE, or NOID) within 15 business days.
• Premium processing does not guarantee approval.
• If USCIS issues an RFE under premium processing, the 15-day clock resets when the RFE response is received.
• Consider premium processing when: visa status is expiring, an employment start date is imminent, or a visa bulletin retrogression is anticipated.
• Effective March 1, 2026, the premium processing fee increases from $2,805 to $2,965.

PART FOUR: KEY LEGAL AUTHORITIES

Statutes

• INA § 203(b)(1)(A), 8 U.S.C. § 1153(b)(1)(A)
• INA § 245, 8 U.S.C. § 1255

Regulations

• 8 C.F.R. § 204.5(h)(1)-(5)
• 8 C.F.R. § 204.5(h)(3)(i)-(x)
• 8 C.F.R. § 103.2(b)(3) -- Translation Requirements
• 8 C.F.R. § 106.2 -- Fee Schedule

Case Law

• Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)
• Rijal v. USCIS, 772 F. Supp. 2d 1339 (W.D. Wash. 2011)
• Buletini v. INS, 860 F. Supp. 1222 (E.D. Mich. 1994)
• Visinscaia v. Beers, 4 F. Supp. 3d 126 (D.D.C. 2013)

USCIS Policy Guidance

• USCIS Policy Manual, Volume 6, Part F, Chapter 2
• AAO Policy Memorandum: Evaluation of Evidence Submitted with Certain Form I-140 Petitions (Dec. 22, 2010)

DISCLAIMER

This template is provided for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by the use of this template. Immigration law is complex and fact-specific. The applicable statutes, regulations, filing fees, processing times, and USCIS policies are subject to change without notice. You must consult with and retain a qualified immigration attorney licensed in your jurisdiction to review, customize, and finalize any petition before submission to USCIS. Neither the author nor the distributor of this template assumes any liability for the accuracy, completeness, or legal sufficiency of any petition prepared using this template.

Template prepared for use on the ezel.ai platform. Last updated: 2026-02-27.