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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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