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It’s not true. There are two steps to EB-1A: the statutory criteria, functionally identical to the O-1, and a final merits determination where the examiner evaluates the totality of evidence to determine if you belong to the small percentage at the top of your field. This is a far higher bar than O-1. Additionally, each petition before USCIS is evaluated independently, except for subsequent O-1 petitions with substantially similar facts. In such cases, USCIS policy and the APA’s prohibition on arbitrary and capricious action generally require approval absent extraordinary circumstances.


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