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    IMMIGRATION                                                              JUNE 12, 2026     |  The Indian Eye 40

               The Credibility Problem in Extraordinary

             Ability Cases: Why Evidence Matters More

                     Than Ever in EB-1 and O-1 Petitions

            BY CYRUS D. MEHTA AND MAN-  ry’s  profession.  USCIS  decides   familiar  expert  opinion  struc-  fession  and  an  accolade  that   com/2023/09/to-what-extent-
                                       these cases based on documen-  tures  and  narratives.  In  many   appears  prestigious  in  title  but   can-immigration-practitioners-
            JEETA CHOWDHARY *
                                       tary proof. Put simply, evidence   instances,  these  strategies  are   carries  limited  significance  in   ethically-rely-on-chatgpt-to-
                                       is the lens through which the   not  developed  independent-  practice.  Judging  opportunities   aid-their-practice.html,  where
               n visa categories such as   agency  determines  whether  a   ly  based  on  the  beneficiary’s   may strongly support extraordi-  we demonstrate that a support
               EB-1  and  O-1,  evidence
            Iis the cornerstone of the   beneficiary  is  truly  extraordi-  unique  career  trajectory,  but   nary ability where a beneficiary   letter for an O-1B petition gen-
                                                                   are  influenced  by  online  dis-
                                       nary.  Where  evidence  is  cen-
                                                                                              was selected because of recog-
                                                                                                                         erated by ChatGPT may be pol-
            petition.  The  USCIS  Policy   tral,  credibility  is  essential.   cussion forums, Reddit threads,   nized expertise; however, where   ished but superficial. It is incum-
            Manual  identifies  the  types  of   That  is  precisely  why  caution   WhatsApp  groups,  Discord   judging  opportunities  appear   bent on the applicant to provide
            evidence that may support O-1   is  warranted  when  evidence   communities,  YouTube  videos,   carefully  arranged  primarily  to   more details and not simply rely
            and EB-1 petitions, underscor-  appears   formulaic,   crowd-  paid  consultants,  and  informal   generate immigration evidence,   on  the  AI  generated  product.
            ing that these classifications are   sourced,   or   manufactured.   immigration networks where   questions  regarding  probative   The USCIS may also be able to
            fundamentally   evidence-driv-  One increasingly visible   beneficiaries  exchange  infor-  value inevitably arise.  detect a letter generated by AI
            en.  In  EB-1  cases,  the  central   pattern  in  EB-1  and  O-1  peti-  mation about “what worked” in   The  concern  becomes  and not give it the same weight.
            issue is whether the beneficiary   tions  is  the  repetition  of  strik-  prior cases.  more  serious  when  supporting   This phenomenon is under-
            has  achieved  sustained  nation-  ingly similar combinations of   This concern becomes par-  evidence  contains  exaggerat-  standable. Extraordinary ability
            al or international acclaim and   supporting  documentation:  the   ticularly relevant in the context   ed, unsupported, or potentially   classifications  remain  among
            reached  the  top  of  the  field.   same  professional  member-  of  paid  publications,  staged   misleading  information.  In  ex-  the most subjective areas of im-
            O-1  petitions  similarly  require   ships,  the  same  categories  of   awards,  or  carefully  developed   traordinary ability petitions, the   migration law. Unlike petitions
            evidence of distinction, extraor-  awards,  similar  judging  invita-  judging opportunities. The issue   question is not simply whether   based on clearly defined educa-
            dinary  ability,  or  extraordinary   tions, comparable forms of pub-  is not necessarily whether mon-  a  document  fits  a  regulatory   tional  or  occupational  require-
            achievement  in  the  beneficia-
                                       lished material, and increasingly   ey changed hands or whether an   category,  but  whether  the  un-  ments, EB-1 and O-1 petitions
                                                                      opportunity  was  strategi-  derlying  claims  are  accurate,   often  require  USCIS  to  evalu-
                                                                      cally  pursued.  Public  rela-  independently  supported,  and   ate concepts that are inherently
                                                                      tions firms serve legitimate   reflective  of  genuine  profes-  more  difficult  to  assess  objec-
                                                                      business  purposes,  some   sional  recognition.  When  pub-  tively, including distinction, ac-
                                                                      reputable  awards  involve   licity-generated  articles,  curat-  claim, originality, influence, rec-
                                                                      nomination  or  participa-  ed awards, or arranged judging   ognition,  or  significance  within
                                                                      tion fees, and professional   opportunities  include  overstat-  a  field.  Given  this  uncertainty,
                                                                      visibility is often a normal   ed  claims,  credibility  concerns   it is natural for beneficiaries to
                                                                      aspect  of  career  advance-  begin  to  emerge.  In  these  ev-  seek  predictability  and  to  look
                                                                      ment.  Nor  is  there  any-  idence-driven   classifications,   toward  examples  of  successful
                                                                      thing  inherently  improper   unsupported  factual  assertions   cases,  online  discussions,  and
                                                                      about  pursuing  speaking,   carry  greater  consequences   recurring forms of evidence that
                                                                      judging,  or  leadership  op-  because they go to the central   appear to have persuaded US-
                                                                      portunities. The more diffi-  question  USCIS  must  decide   CIS in prior filings.
                                                                      cult inquiry is whether the   whether the beneficiary has truly   To be clear, there is noth-
                                                                      evidence genuinely reflects   achieved distinction in the field.  ing  inherently  improper  about
                                                                      independent  recognition   A  related  concern  is  the   shared  information  or  recur-
                                                                      within the field or whether   increasing reliance on Artificial   ring forms of evidence. Profes-
                                                                      it  appears  manufactured   Intelligence to develop extraor-  sional  memberships,  judging
                                                                      primarily  to  satisfy  an  im-  dinary ability narratives. When   opportunities,  media  coverage,
                                                                      migration criterion.    relied upon uncritically, AI may   published articles, and industry
                                                                          There is a meaningful   generate  generalized  expert   awards  may  all  serve  as  highly
                          m of                                        difference  between  me-  letters, polished but unsupport-  probative evidence in the appro-
               CYRUS D. MEHTA & PARTNERS PLLC                         dia  recognition  that  arises   ed narratives, or language that   priate context. Online commu-
                                                                      because  a  beneficiary’s   overstates  the  evidentiary  re-  nities may also play an import-

                 work  generated  genuine   cord. In extraordinary ability pe-  ant educational role by helping
                                                                      professional  attention  and   titions, persuasive drafting can-  applicants  better  understand

                                media  coverage  obtained   not substitute for independently   complex regulatory criteria that

                                                                       primarily  to  create  “pub-  verifiable  facts.  We  also  refer   might otherwise seem inacces-
                                                                      lished  material”  evidence.   our readers to a prior blog, “To   sible.  Similarly,  artificial  intel-
                                                                      Likewise, there is a differ-  What Extent Can Immigration   ligence can be an effective tool
                                                                      ence  between  a  respected   Practitioners  Ethically Rely on   for organization, drafting, issue
                                                                      and  competitive  award   Chat  GPT  to  Aid  their  Prac-  spotting, and synthesizing large
              2              6th Floor

                    recognized  within  a  pro-  tice”,  https://blog.cyrusmehta.  volumes of information.

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