Preponderance of the evidence: what it means in an RFE or denial
Updated: Author: Alina Kanametova
The petitioner must establish eligibility by a preponderance of the evidence.
What it means
Kazarian
Kazarian is the court precedent that established the two-step EB-1A review: first a formal count of the criteria (at least 3 of 10 required), then final merits - a holistic assessment of whether the evidence really shows extraordinary ability. USCIS applies this approach to every EB-1A case.
The practical consequence: 'ticking three criteria' off a checklist is not enough. The same evidence is weighed on the merits at step two, so a strong petition builds a coherent story of recognition in the field out of it.
How officers apply the two-step analysis is visible in the published AAO decisions in the database on this site.
The glossary entryFrom the knowledge base: Glossary of Terms for U.S. Talent Visas O-1, EB-1, EB-2
This is the layer of terminology that separates people who just read instructions from those who understand the reasoning behind denials. All these terms appear in AAO decisions and in RFE texts, and without knowing them, it is impossible to understand why some cases are denied despite meeting all criteria.
Read the full articleThe precedent behind the sentence
Matter of E-M- · Matter of E-M-, 20 I&N Dec. 77 (Comm'r 1989)
The standard of proof: preponderance of the evidence, judged on quality rather than volume.
- The 1989 decision states how an officer must weigh evidence: truth is determined not by the quantity submitted but by its quality - the relevance, probative value and credibility of each document.
- The bar itself is not high: preponderance of the evidence, i.e. more likely than not. Not "beyond reasonable doubt", not "clear and convincing".
- In this corpus all six citations fell on the high-salary criterion - where the argument is about whether figures are comparable, not about how many there are.
Seen in 6 of 150 parsed notices, across 6 desks.
The precedent pageMatter of Chawathe · Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)
Each piece of evidence is weighed for relevance, probative value and credibility; the standard is "more likely than not". Found in 22 of 183 whole notices, but never inside a criterion analysis.
- A 2010 AAO decision on the standard of proof: the petitioner must show that what is claimed is more likely than not true, and the officer weighs each document for relevance, probative value and credibility. In EB-1A notices it is cited outside the individual criterion analyses - where the officer explains how evidence is weighed and that "quality, not quantity" counts; 13 of the 22 files also cite Matter of E-M-.
Not seen in the 150 parsed notices.
Related
Frequently asked questions
- What does "Preponderance of the evidence" mean?
- Kazarian is the court precedent that established the two-step EB-1A review: first a formal count of the criteria (at least 3 of 10 required), then final merits - a holistic assessment of whether the evidence really shows extraordinary ability. USCIS applies this approach to every EB-1A case.
- Where is this stated officially?
- USCIS Policy Manual, Vol. 1, Part E, Ch. 4 (burden and standards of proof): https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-4
- Which precedent is behind it?
- Matter of E-M- - The standard of proof: preponderance of the evidence, judged on quality rather than volume.
The sentence is quoted from its official source (link under the quote); the explanation is assembled from the site glossary, the precedent notes, the knowledge base and distilled community observations. Not legal advice; the site is not affiliated with USCIS.