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Merit-based · document checklist

EB-1B document checklist

EB-1B requires international recognition as outstanding in a specific academic area, at least three years of teaching or research experience, and a qualifying permanent offer from a US university or a private employer with a documented research department. Because the classification is employer-sponsored, the packet has two independent evidentiary spines: the beneficiary's recognition and the employer's qualification.

Governing standard

International recognition plus three years experience and a qualifying offer

8 CFR 204.5(i)(3)

Top RFE trigger: Expert letters exclusively from the beneficiary's own institution

Criteria and evidence mapping
Documents listed
8
Always required
6
Median exhibit pages
380
Initial RFE rate
24.7%

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

Employer qualification

1 required of 3

  • Permanent job offer letter

    Tenure track, tenured, or a research position with no fixed term

  • Department documentationwhere applicable

    For private employers, evidence of a documented research department

  • Employer achievement evidencewhere applicable

    Private employers must show documented accomplishments and three researchers

02

Recognition evidence

3 required of 3

  • Evidence for at least two of six criteria

    Tabbed per criterion

  • Independent expert letters

    From outside the beneficiary's institution

  • Citation report

    With capture date and self-citation treatment

03

Experience and forms

2 required of 2

  • Three years of teaching or research evidence

    Employment letters covering the full period

  • Form I-140 and G-28

    Cross-checked against the offer letter

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

Failure modes

What draws a request on a EB-1B.

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
  • Offer letter with a fixed term that undercuts the permanence requirement
  • Expert letters exclusively from the beneficiary's own institution
  • Private employer with no documented research department evidence
  • Experience letters that leave a gap in the three-year period

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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.