What the evidence has to show
For an O-1 petition, USCIS asks for evidence of a qualifying award, or at least 3 alternate forms of evidence.
Source: USCIS Policy Manual, Volume 2, Part M, Chapter 4 (O-1 evidence), checked .
For EB-1A, USCIS says you must meet at least 3 of the 10 criteria it lists.
Source: USCIS, Employment-based immigration: first preference EB-1, checked .
For a National Interest Waiver, a petitioner must first show that the person qualifies for the underlying EB-2 classification.
Source: USCIS Policy Manual, Volume 6, Part F, Chapter 5 (advanced degree, exceptional ability, national interest waiver), checked .
Letters
Letters for an O-1 petition should describe the person's contribution and its significance to the field, and set out the basis of the writer's knowledge and expertise.
Source: USCIS Policy Manual, Volume 2, Part M, Chapter 4 (O-1 evidence), checked .
For EB-1A, letters of support carry weight but should not be the cornerstone of the claim.
Source: USCIS Policy Manual, Volume 6, Part F, Chapter 2 (extraordinary ability), checked .
For a National Interest Waiver, letters can persuade when experts with first-hand knowledge describe the person's achievements and other independent evidence supports them.
Source: USCIS Policy Manual, Volume 6, Part F, Chapter 5 (advanced degree, exceptional ability, national interest waiver), checked .
If USCIS asks for more or refuses
The longest time USCIS gives to answer a request for evidence is 84 days.
Source: USCIS Policy Manual, Volume 1, Part E, Chapter 6 (requests for evidence and notices of intent to deny), checked .
When USCIS serves the request by mail, 3 days are added to that period.
Source: USCIS Policy Manual, Volume 1, Part E, Chapter 6 (requests for evidence and notices of intent to deny), checked .
The longest time USCIS gives to answer a notice of intent to deny (NOID) is 30 days.
Source: USCIS Policy Manual, Volume 1, Part E, Chapter 6 (requests for evidence and notices of intent to deny), checked .
An appeal or motion against an adverse decision must be filed within 30 calendar days of the date the decision was served.
Source: USCIS, Form I-290B Notice of Appeal or Motion, checked .
How long do I have to answer a request for evidence?
USCIS gives at most 84 days to respond to a request for evidence.
Source: USCIS Policy Manual, Volume 1, Part E, Chapter 6 (requests for evidence and notices of intent to deny), checked .
How long do I have to appeal or ask for a motion after a refusal?
The appeal or motion must be filed within 30 calendar days of the date the decision was served.
Source: USCIS, Form I-290B Notice of Appeal or Motion, checked .
Changes and corrections
No changes since it was first published.
Editorial status
Written by Talent Visa Journey from the official pages cited above and approved by an editor. It has not been reviewed by a lawyer or a regulated immigration adviser.
How this page was made
An AI tool wrote the first draft from the official pages linked on this page. Automatic checks then compared each statement with the text of its official source. A person named above read the figures, dates and fees and approved the page before it was published. We check the sources again every week and note every change at the bottom. This page says what the official source says. It is not legal advice and cannot say what applies to your case.