The ‘Sustained Acclaim’ Trap: How to Avoid EB-1A Denial and Prove You’re Truly Extraordinary

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The EB-1A “Extraordinary Ability” visa is notoriously tough. You need to prove you’re at the very top of your field. But what happens when USCIS says you haven’t shown sustained national or international acclaim? That’s what happened in this November 2024 case—and here’s how the petitioner turned it around.

The Setup: Economist vs. USCIS

Our protagonist: an economist with a Ph.D. and a long list of accomplishments. He applied for the EB-1A, but the Texas Service Center denied his petition. They agreed he met at least three of the initial criteria (awards, publications, judging, etc.), but said he didn’t prove sustained acclaim.

USCIS argued that his achievements seemed to be concentrated in a few years, not spread out over a long period.

The Appeal: Proving a Career of Acclaim

The economist appealed, and the Administrative Appeals Office (AAO) took a fresh look. Here’s what they found:

  • USCIS focused too narrowly: The AAO said the Director erred by not evaluating “all the evidence together when considering the petition in its entirety.”
  • The economist had a long track record: He had been publishing his work since 2002, authored over 100 scholarly articles, and written several books up until 2022.
  • The acclaim was sustained: His awards, media coverage, judging roles, original contributions, and publications spanned over two decades.

The Outcome: Appeal Sustained!

The AAO sustained the appeal, finding that the economist had demonstrated a “career of acclaimed work in the field” and possessed a level of expertise consistent with being at the top of his profession. Here is a PDF copy of the appeal decision by USCIS.

Key Takeaways: How to Prove Sustained Acclaim

  • Show a long and consistent track record: Don’t just highlight recent achievements. Demonstrate a history of excellence over many years.
  • Present a holistic view: Make sure USCIS considers all your evidence together, not in isolation.
  • Document your impact: Provide evidence of awards, publications, media coverage, and leadership roles throughout your career.
  • Address the “sustained” issue directly: Anticipate that USCIS might question whether your acclaim is truly sustained, and proactively address this concern in your petition.

Need Help Building Your EB-1A Case?

Proving “extraordinary ability sustained acclaim” can be tricky. Our expert letter writers know how to craft compelling reference letters and petition letters that showcase your achievements and maximize your chances of approval. Contact us today for a free consultation and let us help you build a winning EB-1A case!

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