RFE Language by Criterion — EB-1A
The EB-1A Requirement That Isn't One of the Ten Criteria
Satisfying three of the ten criteria is not the whole test. You must also show your entry will substantially benefit the United States prospectively — and petitions routinely say nothing about it at all.
The governing text
INA 203(b)(1)(A)(iii)
Read the primary source →What the officer actually wrote
Quoted verbatim from a real USCIS notice. Names, employers, exact dates, and figures have been removed or generalized; bracketed text marks a redaction.
“It must be shown how the Petitioner's entry will substantially benefit prospectively the United States. The petition does not indicate that the Petitioner's entry will substantially benefit prospectively the United States.”
Note what the second sentence says: not "insufficient evidence," but that the petition does not indicate it at all. This is a statutory requirement under INA 203(b)(1)(A)(iii), separate from the ten evidentiary criteria, and a filing built entirely around proving extraordinary ability can omit it entirely without anyone noticing until the RFE arrives. Unlike most RFE findings, this one is usually cheap to fix — it is a gap in the argument rather than a gap in the evidence.
“The individual must plan to continue to work in his area of extraordinary ability and must substantially benefit prospectively the United States.”
The same paragraph pairs prospective benefit with intent to continue working in the field. Both are forward-looking, and neither is established by your past record — which is what the rest of the petition is about. Plan for a dedicated section covering what you will do in the U.S. and why it benefits the country.
What that officer said would help
USCIS's own list from the same notice, quoted verbatim. This is the closest thing to a specification for the response you will get.
- Letters from current or prospective employers, or individuals who work in the Petitioner's field
- A statement from the Petitioner detailing plans on how their work will substantially benefit prospectively the United States
ImmiFlo compares your RFE notice against your original filing and tells you, criterion by criterion, exactly what the officer challenged and which of your existing exhibits already answer it.
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