📰 Media publications (2): practice, mistakes and technical nuances

All EB-1A criteria

Awards - Memberships - Published Material (Media) - Scholarly Articles - Judging - Original Contributions - High Salary - Critical Role - Final Merits

This is Part 2

In Part 1 — what "major media" means, USCIS requirements, examples of evidence and international media. Here — practice: quantity, format, typical problems, RFE examples and technical nuances.

Criterion 3 — Published Material (Media) — Part 2

Related articles Awards Memberships Scholarly Articles Final Merits Petitioner
O-1 / EB-1 Media Criterion 3 RFE Publications

Contents

Detailed analysis

RFE Denial Database

Quantity and format

How many media publications are needed for O-1 and EB-1A?

1-2 = RFE risk. 3-5 = recommended. 7+ = quality matters more.

Quantity Assessment
1-2 Minimum, risky
3-5 Recommended
5-7 Strong criterion
7+ Excellent, but quality matters more

From practice

From 150+ approved cases in 2024: an average applicant files 4-5 publications. Cases with 1-2 articles receive RFEs 3 times more often than those with 4+. But 10+ low-quality publications are worse than 3-4 strong pieces in recognized major media.

Will all publications being only in 2024-25 raise suspicion?

Short answer: In Plain Language review — most likely they will count. In the Final Merits — they may be devalued.

What to consider about media when thinking about Final Merits?

Realistic expectations:

If your publications are clustered within 1-2 years (not over 3-5 years), the media criterion will likely help only at the first stage (Plain Language). And that is ALREADY A LOT.

Two articles = “not sustained acclaim”

“You also submitted evidence that you have been featured in two online articles. However, you did not demonstrate that you have garnered wide attention from the field based on one article about your work as a manager. You have not established that you have enjoyed sustained national or international acclaim based on two articles.”

Two online articles do not demonstrate "sustained national or international acclaim."

Gap in publications = problem

“The record shows the petitioner wrote scholarly articles between the years 1998 to 2005, and then further wrote four scholarly articles in 2024. The petitioner has not demonstrated how a gap between the years of 2005 to 2024, would demonstrate a level of sustained acclaim.”

A large gap between publications = "how does this demonstrate sustained acclaim?"

Articles didn’t show influence on the field

“The articles submitted as evidence of published material about the beneficiary in major media have not established the beneficiary as an individual who has risen to the top of his field of endeavor. The articles fail to show how the published material about the beneficiary’s work influenced the field or that the beneficiary has been able to sustain national or international acclaim.”

The officer wants to see: how did the publications influence the field? Mere presence of articles is insufficient.

One article 2014 + one 2024 = not sustained

“The petitioner has not demonstrated that one article from 2014, and one article from 2024 meet a level of sustained acclaim and further demonstrates the petitioner is at the very top of the field.”

Even if the articles are 10 years apart — the large gap doesn't help. Regularity of publications is needed.

“Discussion about her work” ≠ top of field

“Though the published material about the petitioner indicates that there has been discussion about her and her work, it is insufficient to establish that the commentary signifies the petitioner has risen to the top percentage of the field and that she has demonstrated sustained acclaim.”

Even if there are publications about you and your work — that does not guarantee you have "risen to the top." More evidence is needed.

RFE example: criterion met but denied on Final Merits

Rare case

“CRITERION MET initially, but failed in Final Merits Determination.”

The criterion passed the first stage (plain language), but failed the second (Final Merits).

Officer wording

“The record shows that the petitioner and his work have been featured in Amazing Architecture, Design and Survey Construction Works, Stroitelnaya Gazeta, and Komsomolskaya Pravda in 2022, 2023, and 2024. However, the petitioner has not demonstrated that he has achieved or maintained sustained national or international acclaim since being featured in these publications.”

The officer says: publications exist for 2022-2024, but where is the proof of "sustained acclaim"? Publications are moments of recognition, not proof that recognition continues.

Practical conclusion:

  • Criterion ≠ approval of the visa
  • Final Merits evaluates the TOTALITY of evidence
  • You need a history of recognition, not only recent publications
Examples of media devaluation on Final Merits due to dates

Articles from 2025 — counted but devalued

“The petitioner has provided evidence of published material about the beneficiary in Tadvisor and CEO World in 2025. The evidence includes circulation data and the plain language criteria is met. As the evidence that meets the criteria is dated 2025, the record is insufficient to demonstrate that the beneficiary has sustained national or international acclaim.”

The officer explicitly states: "plain language criteria is met" (criterion counted), BUT "dated 2025" = "insufficient to demonstrate sustained acclaim."

5 articles over 4 years — “merely meets plain language”

“After a review of the record of proceeding with what appears to be five articles issued in 2021, 2022, 2023, 2024 and 2025; these five recent articles would not be considered evidence of extensive documentation of published material about you that elevates your contributions to major prominence with sustained national or international acclaim.”

5 articles over 4 years — formally pass, but do NOT prove "sustained acclaim."

7 articles 2022–2025 — do not reflect “very top”

“The record does not show that the petitioner’s authorship of approximately seven recent articles, published between 2022 through 2025, is reflective of the petitioner being among the small percentage at the very top of her field with sustained national or international acclaim.”

Even 7 articles over 3 years the officer called "recent" and said it does not prove a place in the "very top."

“Career of acclaimed work” — Congressional requirement

“Relating to published materials, the beneficiary submitted articles published by various publications. However, the beneficiary did not establish that the publication of these articles is indicative of a ‘career of acclaimed work in the field’ as contemplated by Congress. The beneficiary has not shown that his overall press coverage is indicative of a level of success consistent with being among ‘that small percentage who have risen to the very top of the field of endeavor.’”

The officer cites Congress’s intention: a "career of acclaimed work" is required, not a few recent publications.

Duplicate of an article from one media outlet reprinted elsewhere — how to present?

Indicate the original source. Reprints can be mentioned as additional evidence of distribution, but do not count as separate publications.

Problems and solutions

What to do if an article has no author?

  1. Check the page metadata
  2. Use the Wayback Machine
  3. Use “Staff Writer” / “Editorial Team”
  4. Attach a letter from the editorial office (if possible)
RFE example: no author = zero probative value

Officer criticism

“Several materials failed to identify the author of the material. As stated in 8 CFR 204.5(h)(3)(iii), the material must be printed in professional or major trade publications or other major media and such evidence ‘must include the title, date and author of the material, and any necessary translation.’ Since the materials failed to identify the author, they do not meet the regulation at 8 CFR 204.5(h)(3)(iii) and were given no probative value under this criterion.”

The officer says: the regulation requires title + date + author. Missing any of these elements = "no probative value." The article is simply not counted.

Example with specific media

“A couple of materials (touch-magazine.eu, shoutoutla.com, and merlaine.net) failed to identify the author and/or the date of publication… Since these materials failed to identify the author and/or the date of publication, they do not meet the regulation at 8 CFR 204.5(h)(3)(iii) and were given no probative value under this criterion.”

Concrete example: three outlets were rejected solely because the author or date was missing. Article quality or media level does not matter without formal requisites.

Articles without an author + case law Lamilem Badasa

“It is noted that two of the articles provided did not attribute an author, therefore, have no probative value. Wikipedia, web portals, domains, blogs, social media: there are no assurances about the reliability of the content from these open, user-edited Internet sites. See Lamilem Badasa v. Michael Mukasey, 540 F.3d 909, 901-11 (8th Cir. 2008). Therefore, any documentation from Wikipedia, web portals or social media sites carry no evidentiary weight within the present proceedings.”

The officer combines two objections: (1) no author = no probative value, (2) web portals = no evidentiary weight. Lamilem Badasa case is a standard citation officers use to reject user-edited sites.

A letter from the editor DOES NOT replace an author in the article

“Submitted a letter from Alexey Maksimov, Editor-in-Chief at ITWeek, claiming the author of the article was Igor Bezruchkin… Further, the submission of letters from media sources, in order to identify who an author was for an article, is not sufficient. Evidence of authors must be identifiable on the article itself, in order for the article to be viable evidence.”

The officer says: you attached a letter from the editor naming the author — NOT accepted. The author must be identifiable IN THE ARTICLE ITSELF. A letter from the editorial office does not replace that requirement.

Specific articles rejected for missing requisites

“The F3fm.ru article, ‘Commercial Real Estate: Construction and Its Despots’ did not include the author’s name. Likewise, the article ‘National Demand’, did not include the date, and the record did not provide the publication. The inclusion of the title, date, and author of the material is not optional but a regulatory requirement.”

The officer emphasizes: title + date + author is a "regulatory requirement", not optional. An article can be perfect in substance, but without these three elements it won’t be counted.

Stroygaz.ru and MSN — deficient for missing requisites

“The pieces disseminated at stroygaz.ru and msn are deficient because they do not include the required title, date, author, or some combination of these. As stated in the regulation, material about the beneficiary must be published ‘in professional or major trade publications or other major media’ and ‘shall include the title, date, and author of the material.’ Thus, such documentation has no probative value for meeting this criterion.”

The officer rejected pieces from Stroitelnaya Gazeta and MSN as "deficient". The word "shall" in the regulation signals a mandatory requirement, not guidance.

Forbes, ZTB News, WEProject — concrete denial examples
Court Precedent
"The article published in Forbes does not contain the date it was published. The article published in ZTB News does not specify an author. The article published in WEProject Media does not contain an author or date published. This information is required for all published media under this criterion."
Source: Forbes

Even Forbes was rejected due to missing a date! Forbes — no date, ZTB News — no author, WEProject Media — missing both author and date. Check every article for ALL three elements: title + date + author.

Kazakh articles without dates — specific example

“The articles entitled: ‘Interview With Logistician [Name]: Green Smart Logistics Is The Key To The Future Of Transportation’ and ‘[Name]: The Inspiration of Eco-Smart Logistics for Kazakhstan’ do not appear to be labeled with the date on which they were published. As a result, this evidence cannot be considered probative.”

The officer rejected two Kazakhstan articles solely because the publication date wasn't indicated. Article content does not matter — without a date = "cannot be considered probative."

Film/media sites without authors — concrete examples

“We note that the articles from productionhost.com/blog and flickeringmyth.com do not meet the requirements listed at 8 CFR 204.5(h)(3)(iii) as no author is cited. We also note that a visit to the link for the article from kleo.ru suggests that the article does not exist.”

The officer checked the links! Two outcomes: (1) productionhost.com/blog and flickeringmyth.com — no author, (2) kleo.ru — article "does not exist." Dead links = zero probative value.

Rejected: filmdaily.co, nofilmschool.com, flickeringmyth.com, ridus.ru — film/media sites; productionhost.com/blog — no author; kleo.ru — dead link

Officers check links!

Save articles in the Wayback Machine and attach PDFs/screenshots in case the site removes the material.

CRITICAL: USCIS checked the links — found nothing! (Matter of Ho)

"USCIS searched on the World Wide Web for the links https://sm.news/trener-yulia-melnikova-razveala-mify-o-zanatiyakh-zhenshhin-pauerliftingom-71536, https://sm.news; https://interviewage.ru/post157189x12d1-zhenskiy-pauerlifting-sovremenniye-podkhod; https://www.similarweb.com/ru/website/sport-express.tu/#overview found in the various screen prints submitted by the self-petitioner and was not able to find any information online, as those links do not appear to be valid or exist online. This calls into question the validity and truthfulness of all the evidence submitted with the petition."

The officer PERSONALLY checked the links from screenshots and DID NOT FIND them! Note: sport-express.tu instead of .ru — possibly a typo in the petition, but the officer treated it as "calls into question validity and truthfulness of ALL evidence."

Doubt cast = reevaluation of ALL evidence (Matter of Ho)

"It is incumbent upon the self-petitioner to resolve any inconsistencies in the record by independent objective evidence. Doubt cast on any aspect of the self-petitioner's evidence may lead to a reevaluation of the reliability and sufficiency of the remaining evidence offered in support of the visa petition. See Matter of Ho, 19 I&N Dec. 582 (BIA 1988)."

Matter of Ho — doubt cast on ONE piece of evidence can lead to reconsideration of ALL evidence.

Matter of Namio + Ngan — disparagement = doubt on entirety

"Disparagement of some of the supporting evidence casts doubt upon the entirety of the record. Matter of Ho, 19 I&N Dec. 582 (Comm.1988). Matter of Namio, 14 I&N Dec. 412 (BIA 1973); Matter of Ngan, 10 I&N Dec. 725 (BIA 1964)."

Discrediting part of the evidence = doubt about the ENTIRE case. Three precedents in a row — that’s serious.

Check ALL links before filing!

  1. Open each link in incognito mode
  2. Check for typos in URLs (.tu instead of .ru)
  3. Save everything in the Wayback Machine
  4. Attach PDFs/screenshots in case the site goes down
  5. One broken link = doubt about the ENTIRE petition

Dzen.ru (Yandex.Dzen) — no author = not considered

"Material under this criterion 'shall include the title, date, and author.' Articles from dzen.ru did not state an author and therefore were not considered."

The officer did not consider Dzen articles because the author was not indicated. Even if the article is quality and about you — without an author it "were not considered."

Problems with Yandex.Dzen: many posts lack an indicated author, the platform is user-generated content, no editorial control.

What to do if the officer cannot open the links?

  1. Attach a full screenshot showing the URL and date
  2. Save the page to the Wayback Machine
  3. Attach a PDF version
  4. Provide the archived link in the petition

Full URL on each screenshot page helps

FROM RFE

"Evidence containing a full URL address on each page of screenshots, assists USCIS in determining the legitimacy of such evidence."

The officer explicitly notes: a full URL on each screenshot page helps determine legitimacy of the evidence.

URL ≠ evidence. The officer will not go outside the record

FROM RFE

"Counsel provided a URL address and directs USCIS to look outside the record for such evidence. However, the record itself must establish eligibility. The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the INA, 8 U.S.C. § 1361."

You cannot just provide a link and expect the officer to find everything. EVERYTHING must be included in the petition as attached documents.

CRITICAL: USCIS checked links — found nothing! (Matter of Ho)

Quote from RFE

“USCIS searched on the World Wide Web for the links https://sm.news/…, https://interviewage.ru/… found in the various screen prints submitted by the self-petitioner and was not able to find any information online, as those links do not appear to be valid or exist online. This calls into question the validity and truthfulness of all the evidence submitted with the petition.”

The officer PERSONALLY checked the links from screenshots and DID NOT FIND them! The officer considered this "calls into question validity and truthfulness of ALL evidence."

Matter of Ho — doubt cast = reevaluation of ALL evidence

“It is incumbent upon the self-petitioner to resolve any inconsistencies in the record by independent objective evidence. Doubt cast on any aspect of the self-petitioner’s evidence may lead to a reevaluation of the reliability and sufficiency of the remaining evidence offered in support of the visa petition. See Matter of Ho, 19 I&N Dec. 582 (BIA 1988).”

Matter of Ho — doubt cast on ONE piece of evidence can lead to reconsideration of ALL evidence.

Matter of Namio + Ngan — disparagement = doubt on entirety

“Disparagement of some of the supporting evidence casts doubt upon the entirety of the record. Matter of Ho, 19 I&N Dec. 582 (Comm.1988). Matter of Namio, 14 I&N Dec. 412 (BIA 1973); Matter of Ngan, 10 I&N Dec. 725 (BIA 1964).”

Discrediting part of the evidence = doubt about the ENTIRE case. Three precedents in a row — that’s serious.

Check ALL links before filing!

  1. Open each link in incognito mode
  2. Check for typos in URLs (.tu instead of .ru)
  3. Save everything in the Wayback Machine
  4. Attach PDFs/screenshots in case the site goes down
  5. One broken link = doubt about the ENTIRE petition

How to rebut the claim that articles are “recent” and written for the visa?

  • Show a publication history (not just the last year)
  • Explain the context (product launch, award, event)
  • Attach older publications even if weaker
  • Show that the media initiated contact

NEW: Self-solicited publications under suspicion!

Officers have started requesting evidence that the publications were NOT solicited by you:

FROM RFE

"No evidence was provided to show that the publications were not self-solicited in order to be published in the media."

What they may request:

  • Correspondence between the beneficiary and the media — correspondence with the editorial office
  • Evidence the publication was by invitation — proof that the media initiated contact

Keep correspondence with journalists! An email from the editorial office inviting you to an interview is strong evidence.

Will all publications being only in 2024-25 raise suspicion with USCIS?

Short answer: At the first stage (Plain Language) — they will likely count. At the second stage (Final Merits) — they may be devalued.

What are Plain Language and Final Merits?

USCIS reviews petitions in two stages (this approach established in Kazarian v. USCIS):

  1. Plain Language (Step 1) — a formal check: are there articles about you in media? Do they include title, date, author? Is there circulation data? If yes — the criterion is met.
  2. Final Merits (Step 2) — qualitative evaluation: even counted criteria are assessed for "sustained national or international acclaim" and whether you belong to the "small percentage at the very top."

Subdomains (blogs.site.ru) — is that the same as the main media?

No. Officers distinguish:

Use only publications from the main domain.

Translations and languages

Are Google Translate translations of media articles acceptable?

No. USCIS requires:

  • A certified translator translation (translator certifies accuracy)
  • A Certificate of Translation with signature
  • Notarization is not required, but the certificate is required

Google Translate can be used as a draft, then corrected and certified.

Are notarized translations of articles required?

Notary is not mandatory. Sufficient:

  • Translator’s Certificate (Certificate of Translation)
  • Translator’s signature
  • Statement of translation accuracy

Not required:

  • Licensed translator
  • Notarization
  • Stamps or seals
  • Translation agency

Is an affidavit from the translator mandatory?

Yes, a translator’s certification is required by law. The requirement is codified in 8 CFR 103.2(b)(3):

“Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.”

What is NOT required:

  • A licensed translator
  • Notarization
  • Stamps or seals
  • A translating agency
Sample translator certificate

Full wording:

I, [NAME OF TRANSLATOR], certify that I am fluent in the English
and [ORIGINAL LANGUAGE] languages and competent in translating
from that language to English. I further certify that I have
translated the enclosed document entitled [TITLE OF THE DOCUMENT]
from [ORIGINAL LANGUAGE] to English and that the translation is
complete, true, and accurate to the best of my knowledge.

[SIGNATURE]
[DATE]
[CONTACT INFORMATION]

Short wording:

I, [NAME], am competent to translate from Russian into English,
and certify that the translation of this document is true,
accurate and complete to the best of my abilities.

[SIGNATURE]
[DATE]
Can you translate for yourself?

No direct prohibition, but risks exist.

In AAO practice there are decisions where self-translation reduced the probative value of documents:

“…uncertified translations… were apparently translated by the petitioner, which lessens their probative value”

Practical conclusion: technically you can sign the certificate yourself, but it’s better to have a third party (friend, colleague fluent in both languages) sign it. This removes an argument about bias.

Who SHOULD NOT sign:

  • You yourself (risk)
  • Family members (risk of bias)
Practical tips for translations

Translation quality matters more than the certificate:

  • USCIS officers do not read foreign languages
  • Translation must be in proper English without mistakes
  • Prefer editing by a native English speaker
  • Google Translate may be used as draft, but final version must be edited

Format:

  • Attach the English translation to each original
  • Do not combine all translations into one document without originals
  • Maintain translation structure matching the original

What can be shortened:

  • Not every document needs full translation — you may translate key parts
  • Diacritic marks are not mandatory

Video and audio:

  • A transcription in the original language is required
  • Plus an English translation of the transcript
  • Translator’s certification for the translation
RFE example: no certified translation = denial

Quotation from RFE

“The record did not included proper certified translations of the documents provided. Title 8 C.F.R. § 103.2(b)(3) holds that ‘[a]ny document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.’ Because properly certified translations of the documents were not submitted, the evidence does not support the claims.”

The officer says: foreign-language documents WITHOUT certified translation = documents not considered.

One certificate for all documents is not accepted

“Furthermore, the submission of a single translation certification that does not specifically identify the document or documents it purportedly accompanies does not meet the requirements of the regulation at 8 C.F.R. § 103.2(b)(3).”

You cannot attach one general certificate for all translations. Each certificate must clearly identify which document it accompanies.

RFE example: highlight title, date, author in translations

Officer requirement

“To assist in determining that the published material contains the title, date, and author, please emphasize (highlight or underline, on the original and translated copy): The title, date, and author of the published material.”

The officer requires that you HIGHLIGHT (or underline) title, date and author both on the original and the translation. Use a yellow marker or underline.

How to prepare a translation of a video interview?

  1. Produce a transcript in the original language
  2. Translate the transcript into English
  3. Add a Certificate of Translation
  4. Attach screenshots from the video with timecodes

An article translated into other languages — is that a plus?

Yes, it shows international reach. Indicate:

  • Number of languages
  • Countries of distribution
  • Original source of the translation

Can you translate an article yourself?

Technically yes, but with risks. Anyone fluent in both languages can do the translation. However, if you sign the certificate yourself, AAO may reduce the probative value due to possible bias.

Recommendation: ask a third party (friend, colleague) to sign the certificate.

Is it enough for EB-1A to have publications in Russian?

Yes. Language of publication does not affect the criterion. Important:

  • English translation attached
  • Evidence that the media is major in its country
  • Content is “about the alien” and “relating to work”

International media

Are Ukrainian media acceptable? How to prove “major”?

Yes, Ukrainian media are acceptable. To prove major status:

  • SimilarWeb data (rank in Ukraine)
  • Comparison with American analogs
  • Awards and recognition
  • Audience relative to country population

Strong Ukrainian media examples: Ukrainska Pravda, Liga.net, NV.ua.

Kazakhstan media — how to show significance?

Strategy for Kazakhstan:

  1. Show leadership in the country (top-10 by traffic)
  2. Compare audience to population (20 million)
  3. Use Forbes Kazakhstan, Tengrinews as examples
  4. Attach Kazakhstan media rankings

Belarusian media after 2020 — will USCIS accept?

USCIS does not make political distinctions. But note:

  • Many independent outlets are closed or blocked
  • Use Wayback Machine for archived data
  • State media may raise questions about independence

Publications in African/Indian media — are they counted?

Yes, if you prove major status. For large markets:

  • India: Times of India, Economic Times — clearly major
  • Africa: demonstrate leadership in the region/country

Key: country population + audience share = major in context.

Media blocked in Russia — how to prove audience?

For outlets like Meduza:

  1. Use pre-blocking data (Wayback Machine)
  2. VPN traffic data (if available)
  3. Western media citations
  4. Awards (Meduza has international recognition)

A Russian-language outlet in the USA — acceptable?

Depends on circulation and audience:

  • 20,000+ circulation — may qualify
  • Show reach within the Russian-speaking diaspora
  • Compare to other ethnic media in the US

Cost and buying publications

How much does a publication in an American media cost?

Price ranges through PR agencies:

Media level Price
Niche industry outlets $500-1500
Mid-level (regional) $1500-3000
Major (Forbes, Inc, Entrepreneur) $3000-6000+

Prices depend on format, volume, urgency, and intermediary.

Paying for a publication — is that a violation?

No direct prohibition. But important:

  • The publication must undergo editorial control
  • There must be no label “advertisement”, “sponsored”
  • Officers don’t investigate payment, but they assess content quality

Can an officer find out the publication was paid for?

An officer does not investigate the publisher’s finances. Main requirements:

  • Editorial control (not self-published)
  • No label “advertisement” or “sponsored”
  • Quality content about your work

Agencies that help with placements

PR agencies help with:

  • Finding suitable media
  • Writing pitches/texts
  • Journalist outreach
  • Organizing interviews

Important: ensure the result is editorial content, not an advertorial.

Cheap Russian outlets for interviews — examples?

Budget options (up to 25,000 RUB):

  • Regional outlets in federal networks
  • Industry portals
  • Mid-level online outlets

Advice: better 2-3 strong outlets than 10 weak ones.

Should you disclose that a PR agency arranged the publication?

No. You don’t need to state how the publication was obtained. Only the result matters: an editorial article about you in major media.

Freshness and publication dates

Old articles (2015) — are they acceptable?

Yes, older articles can strengthen the case:

  • They show sustained recognition
  • They prove recognition is not “for the visa”
  • Use archival data about the media from that period

Publications only in the last year — is that a problem?

It may raise questions. The officer may suspect the pieces were produced for the visa. How to mitigate:

  • Explain context (recent achievement, product launch)
  • Show other evidence of long-term recognition
  • Add at least 1-2 older publications

Article without a publication date — how to handle?

  1. Check page metadata (view source)
  2. Use the Wayback Machine to find the date
  3. State “Published circa [year]” with explanation
  4. Attach a Wayback screenshot showing the archive date

All publications in 2024-2025 — is that a red flag?

Yes, this is a red flag for officers. Recommendations:

  • Add context in the cover letter
  • Explain the reason (career growth, award, event)
  • Supplement with other criteria that show history
RFE example: interviews before filing = promotional

Officer criticism

“Most of the articles are structured as interviews, and they were all published shortly before the petition was filed. While the articles are about the petitioner and his work in the field, they appear to be promotional articles.”

The officer noticed: all interviews were published right before filing. This looks like preparation for the visa, not organic recognition.

Quote from the USCIS Policy Manual

“Marketing materials created for the purpose of selling the person’s products or promoting the person’s services are not generally considered to be published material about the person (this includes seemingly objective content about the person in major print publications that the person or the person’s employer paid for).”

Important: even "seemingly objective" content in major publications will not be counted if it was paid for. Officers are aware of PR practices.

4 publications, only 1 recognized as major (others promotional)

“The petitioner submitted articles from Komsomolskaya Pravda (Belarus), Hackernoon, Cossa, and She Owns It. The evidence demonstrates that only Komsomolskaya Pravda qualifies as a professional or major trade publication or other major media. All of the articles are structured as interviews, and while they are all about the petitioner and her work in the field, they were published shortly before the petition was filed, and they appear to be promotional articles.”

Concrete example: of four outlets only Komsomolskaya Pravda was recognized as major. Hackernoon, Cossa, She Owns It were rejected as promotional. Interviews right before filing = red flag.

Is a publication 10 years ago a minus?

No, it’s a plus. Older publications show:

  • Long-term recognition
  • Sustained success
  • Not “done for the visa”

Just provide archival evidence about the media.

The media closed after publication — how to prove it?

  1. Wayback Machine — archived article
  2. Articles about the outlet’s closure (often contain stats)
  3. Use the outlet’s Wikipedia page only to find primary sources (do not attach Wikipedia itself)
  4. State: “At the time of publication, [media] was…”

Where to get stats if the media closed?

  1. Wayback Machine — archived Media Kit pages
  2. Wikipedia — only to locate primary sources (do not attach Wikipedia itself!)
  3. Articles about the outlet’s closure
  4. State: “At the time of publication…”

Video, podcasts and aggregators

Video interview on a media YouTube channel — is it counted?

Yes, if it’s an official media channel:

  • Forbes Russia channel, RBC TV — counted
  • A transcript + translation are required
  • Attach channel data (subscribers, views)
RFE examples: video not considered without transcript

Transcript missing

“Additionally, transcripts of the YouTube broadcasts were not submitted. Please submit transcripts of the YouTube broadcasts.”

The officer says: without a transcript — no consideration. This is a requirement, not a recommendation.

Video entirely not considered

“You also provided a web link to an online video interview in support of this criterion. The USCIS Policy Manual notes that qualifying media will include ‘professional or major audio or video coverage of the person and the person’s work.’ USCIS lacks any transcription of your cited video interview. As such, USCIS did not review this material in this proceeding.”

The officer explicitly states: "USCIS did not review this material" — the video was NOT REVIEWED. Without a transcript, the evidence is ignored.

Video without transcript ≠ “published material”

“In relation to the video works, you have not submitted evidence of a certified published transcript; therefore this would not be considered commensurate with the plain language of this criterion which indicates that this must be published material about the beneficiary.”

The officer explains legally: the criterion requires "published material." Video without a transcript is NOT "published material" per the plain language. This is not nitpicking but a textual requirement.

YouTube = “user-edited site”

“The petitioner submitted a screen capture from YouTube but there are no assurances about the reliability of the content from this open, user-edited Internet site where anyone can self-publish information. Further, it is not evident whether users come to the website intentionally or are redirected unintentionally, web traffic is not directly comparable to circulation.”

The officer says: YouTube is a site where anyone can publish. There are no assurances of reliability or objectivity. Also, YouTube traffic cannot be compared to media circulation — users can be redirected unintentionally.

YouTube channel with 4 subscribers

“The petitioner provided a screen shot of a YouTube video… posted on the Communications bureau rupor agency YouTube channel. YouTube is a free, online video platform that enables individuals to upload their own videos and have their own channels. There is no assurance of reliability or objectivity from these sources that allow for self-created material to be posted. USCIS does not consider YouTube to be a professional or major trade publication or other major media without providing comparative data to show the media content can be considered ‘major.’ For instance, the record shows that there are four subscribers (as of November 5, 2024) and no indication of the number of verified views. Such a limited number of subscribers and no reference of the number of views would not appear to be major by any means.”

Concrete example: a YouTube channel with 4 subscribers — the officer said "would not appear to be major by any means." For YouTube you need comparative data: many subscribers + many views.

Practical conclusion:

  • The officer will not watch your video
  • A full transcript in the original language is required
  • Plus a certified English translation
  • Plus evidence the channel/program is major media
  • YouTube alone is not considered major media
  • For YouTube provide: subscribers + views + comparative data

A podcast from a major outlet — is it media?

Yes. Podcasts by NYT, Forbes, WSJ are extensions of their media. Documentation:

  1. Episode transcript
  2. Podcast metrics (ratings, downloads)
  3. Link to the parent outlet

A podcast where you are a guest — does it qualify for the media criterion?

Depends on the podcast:

  • Media podcast (Forbes, RBC) — yes
  • Independent podcast — you must prove major status (audience, ratings)
  • Personal blogger’s podcast — most likely no
RFE example: podcast without comparative data

Quote from RFE

“You provided evidence that the beneficiary was interviewed on a podcast, but you did not provide evidence about the podcast(s) regarding listeners/viewership and comparative data establishing the podcast(s) as ‘professional or major trade publications or other major media.’”

The officer requires for podcasts: (1) listener/viewership metrics, (2) comparative data showing the podcast is "professional or major". Without this, the podcast is not counted.

YouTube interview directly rejected

“You further provided a link to an interview on YouTube; podcasts, web portals, company websites, social media, and search engines are not subject to editorial review, are open to self-creation of material, and will not meet this criterion.”

YouTube interviews were directly rejected: "will not meet this criterion." Reason: lack of editorial review and open self-publication.

News aggregators (Google News, Yandex News) — how to use?

Aggregators themselves are not media. But they can be used:

  • As evidence the article is indexed by major platforms
  • To show distribution reach of the article
  • The primary source must be the original media

Interview on a YouTube channel with 400K subscribers — is it media?

A complex case. A YouTube channel may be considered major media if:

  • Professional content (not a vlog)
  • Editorial process
  • Industry recognition
  • Regular audience

Better to use it as supplementary evidence, not the core piece.

Radio appearance — is it acceptable?

Yes, radio is media. Documentation:

  1. Transcript of the broadcast
  2. Station metrics (Mediascope, Nielsen)
  3. Program information
  4. Recording/screenshots if available

A video posted on Instagram on a page with 400K followers — acceptable?

No for the media criterion. Instagram is:

  • A social network, not a media outlet
  • Lacks editorial control
  • Posting a work ≠ an article about you
RFE example: Instagram and YouTube explicitly rejected

Officer quote

“As an initial matter, social media posts that appear on apps such as Instagram and YouTube are insufficient under this criterion.”

The officer states plainly: Instagram and YouTube posts are INSUFFICIENT for this criterion. Period. The number of followers doesn’t matter.

RFE example: YouTube channel Mir Belogorya — rankings don’t prove major

Problem #1 — video removed

“The petitioner provided a YouTube link to the video interview, but upon accessing the link, an error message appeared stating that the video was removed.”

The officer checked the link — the video was removed. Always save copies!

Problem #2 — data only from the channel

“The petitioner provided material about the channel that posted the video, Mir Belogorya, but the evidence is only from its channel and the petitioner did not submit any objective, documentary evidence which demonstrates that it qualifies as professional or major trade publication or other major media.”

Channel-provided data = self-serving. Objective evidence of major status is needed.

Problem #3 — rankings do not prove major

“The petitioner submitted additional material which ranks the Mir Belogorya channel among other YouTube channels, and material which ranks the channel and websites with other news and media websites in Russia. However, these rankings do not demonstrate that any of the material qualifies as major media.”

Even rankings among YouTube channels and Russian media didn’t convince the officer. "Rankings do not demonstrate major media" — ranking alone is not enough.

What counts as an article about you

Several articles in one outlet — is that one source?

Technically yes, but you can present it as:

  • Multiple publications = sustained interest from that media
  • List each article separately
  • Don’t overstate: “publications in Forbes Russia (3 articles)”

An interview with a group of five people where you are one of them — does it count?

Weak evidence. The criterion requires material “about the alien.” If you are one of five:

  • Show that your portion is substantial
  • Highlight quotes about you
  • Better use as supplemental evidence

An article about a startup where you are CEO — is it about you?

Depends on the content:

  • Your name in the headline/lead — yes
  • Quotes from you and depiction of your role — yes
  • Only company name without you — no

Key: must be “about the alien”, not about the company.

Inclusion in a “Top 30 under 30” list — is that an article about you?

Yes, this is strong evidence:

  • Editorial selection
  • Recognition by major media
  • Short profile in a list counts

Even a short description in a list is acceptable.

Being quoted as an expert in an article — is that about you?

Weak evidence. An expert quote:

  • The article is about a topic, not you
  • You are one of the sources
  • Better used in Final Merits
RFE example: expert comment ≠ article about you

Quote from RFE

“The petitioner provided few published articles that interviewed the petitioner expressing her opinion about the dairy industry in general and does not discuss her work in the field of Dairy Manufacturing Technology. As such, the submitted evidence does not meet this criterion.”

The officer says: you were interviewed and gave an opinion about the industry — but the article does not discuss YOUR WORK. An expert comment about an industry ≠ coverage of your achievements.

Counts Does not count
Article about your projects and achievements Your general opinion on the industry
Focus on your work You used as a source for a topic
“John Smith revolutionized…” “Expert John Smith says the industry…”
RFE example: mentioning ≠ substantial discussion

Mentioning and quoting insufficient

“Counsel states that ‘the articles explicitly mention the petitioner, the Managing Partner and General Director of GPGroup, and include his expert opinions on various industry-related topics.’ The Policy Manual states that ‘the person and the person’s work need not be the only subject of the material; published material that covers a broader topic but includes a substantial discussion of the person’s work in the field…’ Therefore, mentioning and quoting the petitioner do not establish that the articles include a substantial discussion of the petitioner and his work.”

The officer says plainly: "mentioning and quoting" ≠ "substantial discussion."

Two quotes = NOT substantial discussion

“The information about the petitioner provided in the report is as follows: ‘[Name] underscored the importance of established building codes and engineering systems, such as ventilation and lighting, in ensuring a healthy office environment. He advised against unnecessary changes to engineering systems…’ The petitioner has not demonstrated that two sentences attributed to the petitioner constitute a ‘substantial discussion’.”

The officer literally considered the content: two sentences attributed to you are NOT a "substantial discussion."

12 articles, only 1 recognized as substantial discussion

“The petitioner provided examples of articles that mention the company, his name, or quote the petitioner. This is not evidence that the published works included a substantial discussion about the petitioner and his work. Additionally, articles that discuss projects completed by the petitioner’s work but do not refer to the petitioner in connection with the projects do not meet the criterion requirements. The Bfm.ru article, ‘Commercial Real Estate: Construction and Its Despots’ includes a discussion about the petitioner and his work.”

Real example: of 12 articles only ONE (Bfm.ru) was recognized as substantial discussion.

Quotes show respect, but not extraordinary ability

“The majority of the articles were not about the petitioner and her work, rather they included a quote made by the petitioner regarding the subject matter of the articles. While this indicates the petitioner’s opinion is respected, it does not establish extraordinary ability in the field.”

An interesting formulation: the officer admits that being quoted shows respect for your opinion, but that alone is insufficient to prove extraordinary ability.

“About your work, but about you” — a subtle distinction

“The submitted articles were primarily about your work. The articles mention your name or include your opinion, but published material must not simply be about your work, but about you - though it may not be unrelated to your work.”

Important clarification: an article about YOUR WORK ≠ an article ABOUT YOU. It must be about YOU, even if related to your work.

“Content rather than publisher” — even major media doesn’t save you

“At issue is the articles content rather than the publisher. In this instant case, the articles discuss the broad field rather than the petitioner.”

Critical point: even if the piece is in RBC, Forbes Russia, Meduza — that is no guarantee. The officer examines the CONTENT, not the outlet.

Articles about the industry with your quote — NUR.KZ example

“The articles from NUR.KZ titled ‘Can Kazakhstanis Find Out About the Income of Civil Servants and the President?’; ‘How Denunciations Help Fight Tax Evaders in the US and Kazakhstan’; and ‘Why Businesses and Citizens Do Not Want to Pay Taxes in Kazakhstan, Expert Says’ are not about the petitioner and his work in the field. Material only cites, quotes, references, or includes a photograph of the petitioner does not meet all the plain language elements of this criterion.”

Concrete example: NUR.KZ pieces about taxes where the petitioner was an expert quoted. Officer: articles are about tax policy, not about YOU.

“Merely quote you” — full formulation

“It is noted that several articles merely quote you, include a paragraph with your name, or simply discuss the events. However, there are no indications that your accomplishments are the focal point of these articles. Published material about the alien and their work in the field that include a substantial discussion of their work accomplishments may satisfy the plain language of this criterion.”

The officer lists what DOES NOT work: (1) mere quotes, (2) a paragraph with your name, (3) event discussion. Required: "your accomplishments should be the focal point."

An article about an event where you were a speaker — does it count?

Depends on focus:

  • An article about your presentation — yes
  • An article about the event mentioning you — weak
  • Just your name in a list of speakers — no
RFE example: event coverage not counted

Officer template

“The evidence does not indicate that the published material was material that related to the beneficiary and the beneficiary’s work in the field. The majority of the articles submitted are event recaps and are not about the petitioner or her work. Media that simply recaps a competitive event is not about the petitioner, but rather is about the event itself.”

The officer says: reports about a competition/conference are about the event, not about you. Even if you’re mentioned.

Clarification #1 — about the employer

“The published material should be about the beneficiary’s work in the field, not just about the beneficiary’s employer or other organizations the beneficiary is associated with.”

An article about your company or organization — not an article about you personally.

Clarification #2 — substantial discussion

“Published material could cover another topic but should include a substantial discussion of the beneficiary’s work in the field.”

"Substantial discussion" — the key phrase. A passing mention is not enough.

Clarification #3 — marketing materials

“Marketing materials created for the purpose of selling the beneficiary’s products or promoting the beneficiary’s services are not generally considered to be published material about the beneficiary.”

Promotional materials, even if they look like articles — do not count.

Clarification #4 — lists and footnotes

“Unevaluated listings in a subject matter index or footnote, or reference to the beneficiary’s work without evaluation are insufficient.”

Simply being listed or mentioned in a footnote is insufficient. An assessment of your work is required.

An announcement of your speaking appearance in media — is that “published material”?

Weak evidence. Announcements:

  • Are about an event, not your work
  • Lack depth of coverage
  • Can be used as supplemental evidence

An article about the company with your quote — how to present it?

If your name is mentioned and you are quoted as a leader/expert:

  • Highlight parts about you
  • Show your role in context
  • Explain the connection in the cover letter

But be careful: a quote ≠ an article about you.

Articles about the company that don’t mention you — does that count?

No. The criterion requires material “about the alien.” An article solely about the company is not acceptable.

An article about a product/company without naming you — acceptable?

Does not qualify for the media criterion about you. The requirement is “about the alien.” Without your name — no evidence it’s about you.

RFE example: article without name + case law

Quote from RFE

“The material from obozrevatel.com made no mention of you within the material nor did it discuss your work in the field. The USCIS Policy Manual notes that probative published materials should include a ‘substantial discussion of the person’s work in the field and mentions the person in connection to the work may be considered material about the person relating to the person’s work.’”

Officer position

“An article cannot be about someone if it does not find it necessary to even identify them, let alone discuss them in a meaningful way.”

The officer explains: if the author of the article did not find it necessary to name you, then the article is not about you.

Case law — precedents

“It must be noted that articles that are not about the alien do not meet this regulatory criterion. See Noroozi v. Napolitano, 905 F.Supp.2d 535, 545 (S.D.N.Y. 2012); Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at *1, *7 (D. Nev. Sept. 8, 2008) (upholding a finding that articles about a show are not about the actor).”

Two court precedents: courts upheld that articles about a show are not articles about the actor.

Mussarova v. Garland, (2022) — recent precedent
Court Precedent
"Coverage that is about a broader topic in which the Petitioner is merely mentioned does not demonstrate that the published material itself is 'about the alien' and 'relating to the alien's work in the field' as the regulation mandates. See Mussarova v. Garland, 562 F. Supp. 3d 837, 848-49 (C.D. Cal. 2022) (finding the published material criterion's requirements are not satisfied where the articles are about events in which a foreign national was associated but were not about them)."

Mussarova v. Garland (2022) — the most recent precedent. The court confirmed: articles about events with which the person was associated — ARE NOT articles about them.

“Briefly cites, quotes, references, photograph” — NOT substantial discussion

“A review of the material appears to establish the contents briefly cites, quotes, references, or includes a photograph of the petitioner. There is no discussion of the petitioner and his/her work in the field.”

The officer lists what does NOT work: brief citation, a quote, a reference, a photo — none is a "discussion of the petitioner and work."

“Only one or two sentences” — NOT primarily about you

“It is noted that each of the articles were not primarily about the petitioner and included only one or two sentences or brief references. The plain language of this regulatory criterion requires that the published material be ‘about the alien’.”

The officer says: if an article includes only 1-2 sentences about you — it is NOT an article "about the alien." The criterion requires the material be PRIMARILY about you.

Photographer: your photos in an article ≠ article about YOU

“In addition, some articles are not substantially about the petitioner. Rather, they are instead using the photos that were taken by the petitioner for the articles. As a result, they cannot be considered probative.”

Important for photographers: if an outlet uses YOUR PHOTOS in its articles — that is NOT an article about YOUR career. An article illustrated with your work ≠ an article about you.

Authored articles by the petitioner = self-manufactured evidence

“Lastly, the petitioner has submitted articles of which he is the author. However, self-manufactured evidence is not objective or probative documentary forms of evidence.”

The officer says: articles YOU authored are "self-manufactured evidence." They lack objectivity and are not probative. The criterion requires others to write about you.

Commentary without documentary evidence (Matter of Obaigbena)

“Counsel’s assertions cannot be seen as evidence because it comprises attorney statements and does not comprise documentary forms of evidence. See Matter of Obaigbena, 19 I&N Dec. 533, 534 (BIA 1988) (stating that counsel’s assertions ‘cannot serve as evidence in an immigration proceeding’). Furthermore, USCIS ‘need not accept primarily conclusory assertions.’ 1756, Inc. v. U.S. Attorney General, 745 F. Supp. 9, 15 (D.D.C. 1990). Furthermore, unsupported assertions do not meet the petitioner’s burden of proof. Matter of Soffici, 22 I&N Dec. 158, 165 (Assoc. Comm’r 1998).”

Three precedents in a row: unsupported assertions ≠ evidence. Attorney comments without documentary proof do not meet the burden of proof.

RFE example: detailed list of what the officer does NOT consider 'about you'

Full list of officer exclusions

“Published material cannot just be about the beneficiary’s employer or other organizations that the beneficiary is associated with, such as found in search engine optimization marketing materials, press releases or copy rewritten from press releases. General materials created for the purpose of selling or reviewing the beneficiary’s or the beneficiary’s employer’s products, providing general education, biographical information or project updates about the beneficiary’s field such as found in on-line business platform blogs and organizational newsletters, gameplay or player statistics, promoting the services, or updates on company restructurings or academic or private company research announcements are not generally considered to be substantial published material about the beneficiary.”

Not counted:

  • SEO materials and marketing copy
  • Press releases and copy derived from press releases
  • Employer product reviews
  • General educational materials
  • Biographical info
  • Project updates
  • Business-platform blogs
  • Organizational newsletters
  • Gameplay/player statistics
  • Promotional materials of services
  • Company restructuring news
  • Announcements of research

Argumenti Nedeli / Akkuyu NPP — article about the employer

“You provided evidence from Argumenti Nedeli Newspaper and/or online source argumenti.ru; however, the evidence appears to be about Akkuyu NPP, rather than related to your specific work in the field. USCIS Policy Manual: Volume 6, Part F, Chapter 2 expresses that the published material should be about the person, relating to the person’s work in the field, and not just about the person’s employer and the employer’s work or about another organization and that organization’s work.”

Concrete example: an article in Argumenti Nedeli about the Akkuyu NPP (a Rosatom project) — the officer said it’s about the project, not about the petitioner. Working on a high-profile project ≠ an article about you.

Detailed analysis

O-1 Petitioner: agency scheme

An article in KP about another media does not prove major

“You provided information from kp.ru about Argumenti Nedeli; however, the evidence does not verify the circulation, readership, or viewership (for major trade publications and other major media) of the published material (compared) to other statistics.”

The officer rejected the KP piece about Argumenti Nedeli as proof of major status. An appearance in a large outlet (KP) does not replace comparative circulation data.

Officer conclusion about "recent" articles

"After a review of the record with what appears to be five articles issued in 2021, 2022, 2023, 2024 and 2025; these five recent articles would not be considered evidence of extensive documentation of published material about you that elevates your contributions to major prominence with sustained national or international acclaim."

5 articles over 4 years — not "extensive documentation" and does not prove "sustained acclaim."

Editorial vs paid content

How to determine whether content is editorial?

Signs of editorial content:

  • No “Sponsored”, “Partner”, “Advertorial” labels
  • Author is a staff journalist
  • Editorial style and critical angle
  • Not published in an “advertising” or “partners” section

Articles in an “Opinion” or “Blogs” section — acceptable?

Depends on the section:

  • “Expert opinion” pieces with editorial selection — may qualify
  • Open contributor platforms (Forbes Contributors) — do NOT qualify
  • Check the section’s policy
RFE examples: blog requirements

Three mandatory requirements for blogs

“The article entitled: ‘Food photographer Artyom Zolotarev: Artistic taste and watchfulness help me navigate any shooting’ appears from blog. However, blogs are self-promotional info, lacking independence. Publications must be independent, have a national audience, and a board of editors.”

The officer listed three requirements for blogs: (1) Independence, (2) National audience, (3) Board of editors. Without all three a blog is NOT considered major media.

Repetition of the requirement in another RFE

“Moreover, blogs are self-promotional info, lacking independence. Publications for the purpose of this visa should be independent, reach a national audience, and have a board of editors.”

The officer reiterates: publication should be Independent, have National audience, and a Board of editors. Most blogs fail these tests.

Sponsored content vs native advertising — difference for USCIS?

USCIS treats both as unsuitable:

  • Sponsored content — explicitly labeled advertising
  • Native advertising — ad formatted as an article

Any indication of paid placement = not counted.

Article based on a press release — editorial or not?

Depends on processing:

  • If a journalist rewrote and added context — it may qualify
  • Copy-pasted press release without modification — does not qualify
  • Check for editorial input

Article written by AI and edited by an editor — ok?

USCIS does not care about how the article was written. Important:

  • Published in major media
  • Passed editorial control
  • Is about you and your work

OРД/erid labeling in Russian media — an issue?

An OРД (advertising designation) mark = problem:

  • Shows content was paid
  • Officer may spot this during review
  • Better to avoid such publications

Wikipedia and web portals

Is Wikipedia acceptable under the media criterion?

No. Wikipedia:

  • Is not a media outlet (it’s an encyclopedia)
  • Content is user-generated
  • It can be used for Final Merits as recognition, but not as primary evidence
RFE example: Wikipedia and web portals + case law

Case law — [Lamilem Badasa v. Mukasey](BADASA v. MUKASEY | 540 F.3d 909 (2008... | 20080829097 | Leagle.com)

“Wikipedia, web portals, domains, blogs, social media: there are no assurances about the reliability of the content from these open, user-edited Internet sites. See Lamilem Badasa v. Michael Mukasey, 540 F.3d 909, 901-11 (8th Cir. 2008). Therefore, any documentation from Wikipedia, web portals or social media sites carry no evidentiary weight within the present proceedings.”

A court precedent: the court confirmed that open, user-edited sites carry no evidentiary weight.

Wikipedia — explicit rejection

“Wikipedia is an online, open source, collaborative encyclopedia that explicitly states it cannot guarantee the validity of its content. See General Disclaimer, Wikipedia.”

The officer quotes Wikipedia’s own disclaimer — the encyclopedia admits it cannot guarantee content validity.

Wikipedia, IMDb, Instagram — explicitly rejected

“Web portals, company websites, social media, and search engines not subject to editorial review are open to self-creation of material. There is no assurance of reliability from open or user-edited internet sites. See Badasa v. Mukasey, 540 F.3d 909, 901-11 (8th Cir. 2008). Therefore, the material provided from these sources (Wikipedia, IMDb, Instagram, etc.) carries no evidentiary weight within the proceedings.”

The officer lists specific sources: Wikipedia, IMDb, Instagram — "no evidentiary weight."

IMDb — detailed critique with disclaimer

“You submitted your biography and other documents from the Internet Movie Database (IMDb), but there are no assurances about the reliability of the content from this open, user-edited Internet site. See Lamilem Badasa v. Michael Mukasey, 540 F.3d 909 (8th Cir. 2008). According to the IMDb, information on the website comes from various sources, and includes ‘press kits, official bios, autobiographies, and interviews’ as well as ‘people in the industry and visitors.’ The site indicates that while efforts are made to keep the information as ‘accurate and reliable as possible,’ ‘occasional mistakes are inevitable.’ Therefore, we shall not assign weight to information for which IMDb is the only cited source.”

The officer quotes IMDb’s own disclaimer: the site admits content comes from many sources and errors are inevitable. Information relying solely on IMDb is given no weight.

Web portals ≠ publications

“Websites that are portals or offer services from news, opinions, blogs and videos to network platforms for business do not qualify as they combine both professional media and user generated content as well as material targeted to regional interests, therefore it cannot be determined where the postings originated or that they are objective, credible, and reliable.”

Web portals mix professional and user content — it is impossible to determine objectivity and origin.

Why journals differ from portals

“Journals and major media require an editorial or peer review process to ensure a level of objectivity, reliability and accuracy.”

Real media have editorial or peer review processes. This distinguishes them from user-generated portals.

What is not acceptable

“International accessibility via the internet (such as postings in blogs, social media, web portals, search engines, podcasts, webinars, training portals, user-created content or an organization’s website) is not commensurate with ‘major media’ in the United States or any other country as required under the regulation at 8 C.F.R. § 204.5(h)(3)(iii).”

Full list: blogs, social networks, portals, search engines, podcasts, webinars, organizational sites — not "major media."

“Anyone with a computer can create a website”

“While internet websites can be accessed worldwide, we cannot ignore that anyone with a computer can create a website. Not every brief mention on a website can be considered published material about the petitioner appearing in major media.”

The officer states the fundamental problem: global accessibility ≠ major media status.

Sites allow account creation

“While the self-petitioner submitted some documentation to support the size of the websites’ audience, it does not demonstrate that the websites are authentic news sources, as many websites act as platforms that allow individuals to create their own accounts and publish their own articles. Therefore, the evidence did not demonstrate that the websites are reliable sources of information.”

Site audience doesn't prove it is an authentic news source. Many platforms allow user-created content.

T Adviser and ArtMoskovia — rejected

“The record provided material disseminated by web portals; however, web portals are not publications.”

The officer: "web portals are not publications." T Adviser and ArtMoskovia were classified as portals.

Officer conclusion

"As such, the submitted evidence does not meet the plain language for this criterion."

The criterion was not met even at the first stage (plain language). Web portals are an automatic rejection.

Concrete list of sites rejected as “web portals”

“You provided articles from web portals such as sostav.ru, similarweb.com, dzenn.ru, snob.ru, vc.ru, banya.ru, andreysechin.medium.com, businessstory.ru, youtube.com, instagram.com, gazeta.ru, kp.ru, rosbalt.ru, daptar.ru, coverjournal.com, sm.news, et al. However, the evidence does not show that the posted material was published in a professional or major trade publication.”

Even well-known Russian outlets (Gazeta.ru, KP) were classified as "web portals."

Sports sites as web portals

“You provided materials from web portals (matchtv.ru, championat.com, sports.ru, sportsdaily.ru, metaratings.ru). With regards to web portals and/or domains, there are no assurances about the reliability of the content from these open, user-edited Internet sites. See Lamilem Badasa v. Michael Mukasey, 540 F.3d 909, 901-11 (8th Cir. 2008). Therefore, any documentation from web portals or domains sites carry no evidentiary weight within the present proceedings.”

Match TV, Championat, Sports.ru were classified as "web portals."

Rejected (sports): matchtv.ru, championat.com, sports.ru, sportsdaily.ru, metaratings.ru

IT/Telecom sites — insufficient evidence

“You provided web printouts/articles from trends.rb.ru, vedomosti.ru, probusinesstv.ru, comnews.ru, telcomdaily.ru, et al.; however, you did not provide sufficient evidence to demonstrate that the material was published in professional or major trade publications or other major media.”

Even Vedomosti and RB.ru require separate proof of major status.

Film/media sites — expanded list

“You provided articles from web portals such as redner.ru, imdb.com, cerebrohq.com, thealmostdone.com, sbwire.com, articlesreader.com, speakerhub.com, youtube.com, yandex.ru, et al. However, the evidence does not show that the posted material was published in a professional or major trade publication, or if it was reported in major media.”

Even professional tools (Cerebro) and industry platforms are not considered major media.

Rejected (film/media): imdb.com, cerebrohq.com, thealmostdone.com, sbwire.com, speakerhub.com, youtube.com, yandex.ru

Kazakhstan sites as web portals

“The petitioner has provided several articles from web portals, such as alau.kz, kazpravda.kz, qostanay.tv, and altyn-orda.kz. However, the evidence does not show that the posted material was published in a professional or major trade publication, or that it was reported in major media.”

Kazakh news sites were classified as "web portals" without proof of major status.

Rejected (Kazakhstan): alau.kz, kazpravda.kz, qostanay.tv, altyn-orda.kz, kstnews.kz, vecher.kz

Chinese portals — full list of rejections

“With regards to Wikipedia, web portals, domains, blogs, podcasts and social media, there are no assurances about the reliability of the content from these open, user-edited Internet sites. See Lamilem Badasa v. Michael Mukasey, 540 F.3d 909, 901-11 (8th Cir. 2008). Therefore, any documentation from Wikipedia, web portals (qq.com, ifeng.com, china.com, sohu.com, baidu.com, sina.com, 163.com, xinhuanet.com, etc.), domains, blogs (medium.com), or social media sites (weixin.qq.com, vk.com) carry no evidentiary weight within the present proceedings.”

Even large Chinese outlets (Xinhua, Sina, Baidu) were labeled as "web portals" with no evidentiary weight.

Rejected (China): qq.com, ifeng.com, china.com, sohu.com, baidu.com, sina.com, 163.com, xinhuanet.com, weixin.qq.com

Business/IT portals — “domains are not publications”

“We note that the petitioner offers online material disseminated by u-f.ru, business.ru, spb.aif.ru, mir24.tv, but these appear to be from web portals or domains. The material is not published, these domains are not publications, and web portals are open to user-created and marketing content.”

Important distinction: "domains are not publications." Even if a site looks like a media outlet, the officer may classify it as a "domain."

Rejected (business/IT): u-f.ru, business.ru, spb.aif.ru, mir24.tv, vc.ru, tproger.ru, rb.ru

Niche sites without proof of major

“You have not presented any credible third-party or corroborated evidence demonstrating that crushthat.com is a major trade publication, or other major media as required by 8 C.F.R. 204.5(h)(3)(iii). To qualify as major media, the publication should have significant national or international distribution, or viewership is high compared to other websites.”

For any site you must show: (1) significant national/international distribution OR (2) high viewership compared to competitors.

Why web portals are rejected — detailed logic

“Web portals, company websites, social media, and search engines not subject to editorial review or open to self-creation of material. Because it is not evident whether users come to the websites intentionally or are redirected unintentionally, web traffic is not directly comparable to circulation. There is no assumption of reliability from open or user-edited internet sites.”

The officer explains the logic: (1) no editorial control, (2) self-publication possible, (3) traffic ≠ circulation, (4) no guarantee of reliability.

Mention on a university alumni list — acceptable?

Not acceptable for the media criterion:

  • A university site is not a media outlet
  • It can be used for Final Merits

RFE on the media criterion

From practice: RFE analysis

The "Published Material" criterion is among the top-3 for RFEs. From 300+ examined cases: 45% of denials related to unproven major status, 30% — article not "about you", 15% — missing author/date, 10% — paid content.

What are typical RFE reasons regarding media?

Common officer complaints:

  • Media not proven as major (insufficient data)
  • Article not “about the alien” (about company, not you)
  • Paid content / advertisement
  • Missing author or date
Approval example: what worked

What was submitted

“In support of this criterion, you submitted articles from: www.eg.ru; www.tadviser.ru; Cover letters citing Similarweb statistics”

Minor issue:

“You also submitted an article from The General Director. However, the article lacks an author and publishing date.”

One article missing author/date — but that did not stop approval.

Result

“USCIS has reviewed the evidence submitted in support of this classification and has determined that you have established eligibility under this regulatory criterion.”

The criterion was counted! It worked: eg.ru + tadviser.ru + SimilarWeb data in cover letters.

Why it worked:

  • eg.ru (Express-gazeta) and tadviser.ru — known outlets
  • SimilarWeb data were attached in cover letters (not standalone)
  • Despite one problematic article, the remainder was sufficient
Approval example #2: KP and Informio accepted

What was submitted

"The petitioner submitted material from the following:

  • ‘Creativity and innovation: Teacher of Fine Arts - about lessons in modern schools’ published on July 27, 2024, by Svetlana Borisova
  • ‘Uncovering Talents: interview with Fine Arts Teacher Evgeniia Zaevskaia’ published April 17-24, 2024, by Evgeniy Arsyukhin on www.kp.ru Komsomolskaya Pravda
  • ‘Only when you close your eyes before going to sleep…’ by P.S. Chernyshov published on December 2, 2023, on Informio"

Minor issue:

“The translation of the article by Svetlana Borisov does not include the publication name, therefore, the USCIS cannot determine the type of media publication this article was found.”

One article was rejected — in the translation the publication wasn’t specified.

Result

“However, the evidence indicates that the remaining publications are professional or major trade or other major media publications. Therefore, the plain language of the criterion has been met.”

The criterion was counted! Komsomolskaya Pravda (kp.ru) and Informio were accepted as major media.

Why it worked:

  • Komsomolskaya Pravda is a known Russian outlet
  • All articles had title + date + author
  • Despite one problematic article, the rest sufficed
Approval example #3: Massage therapist — kp.ru, zdrav.expert, beautyhunter.ru, apni.ru

What was submitted

“Media Report - Interview: ‘The Future of Massage Trends and Prospects’ With massage therapist-expert [Name] about the development of the industry and forecast for 2023 - Author: [Author] - kp.ru - November 9-16, 2022;
Media Report - [Name]: ‘Massage can help effectively cope with stress and anxiety’ - www.kp.ru - August 1, 2024;
Media Report - [Name]: ‘It is important to influence the body not only on a physical level’ - zdrav.expert - August 15, 2024;
Media Report - Lymphatic Drainage Massage: Secrets of Youth After 50 - beautyhunter.ru - April 14, 2024;
Media Report - Revolution in massage - apni.ru - April 25, 2024”

Result

“The petitioner submitted published material from kp.ru, zdrav.expert, beautyhunter.ru, and apni.ru. The material was written about the petitioner and her work in the field. As such, the submitted evidence meets this criterion.”

The criterion was counted! All four outlets were accepted as major media.

Key to success

Mix large media (kp.ru) with niche industry outlets (zdrav.expert, beautyhunter.ru). Niche outlets relevant to your industry also work!

Denial example: SM.news, kp.ru — interviews accepted, but major not proven

What was accepted

“Only your interview articles from SM.news and kp.ru were considered under this criterion.”

The officer recognized that interviews on SM.news and kp.ru are articles ABOUT YOU. The first barrier passed.

Why denial

“Nevertheless, you have not presented credible third-party or corroborated evidence to demonstrate the national or international circulation of the organization(s) that printed or distributed any of these submitted articles, or to otherwise show that these sources are professional, major trade publications, or other major media publications.”

Articles about you — but you didn’t prove the outlets are major. SimilarWeb alone was insufficient.

Problem with SimilarWeb

“We note your submission of website traffic for SM.news and kp.ru from similarweb.com. Yet information from the website analysis tool similarweb.com is inconclusive. One web traffic analysis website on its own is not persuasive to establish these sources are considered major media.”

One SimilarWeb printout = "inconclusive." Additional sources are required.

Lesson

Even if an article ABOUT YOU appears in a known outlet (kp.ru) — you must separately prove that the outlet is major. SimilarWeb alone = RFE/denial risk.

IMPORTANT: kp.ru labeled a tabloid — denial!

Shocking officer position:

“The petitioner submitted an article published on kp.ru. However, it appears to be a tabloid newspaper. Tabloid newspaper coverage is generally insufficient to satisfy this criterion because generally characterized by sensationalism and entertainment-focused content, and are not widely recognized as reputable sources of professional or major media coverage. As such, kp.ru does not meet the regulatory standard of major media as intended under 8 CFR 204.5(h)(3)(iii).”

The officer called Komsomolskaya Pravda a "tabloid" — tabloids are generally insufficient. This contradicts cases where kp.ru was accepted.

Contrast with other cases:

  • In some cases kp.ru is accepted as major
  • In others it is rejected as a tabloid
  • The outcome depends on the officer and context

KP.RU — a lottery

One officer accepts it, another calls it a tabloid. Do not rely SOLELY on kp.ru — add specialist outlets in your industry.

RFE example: insufficient data about major media

Officer template

“This criterion has not been met because the evidence does not indicate that the published material was published in professional or major trade publications or other major media. The evidence of record indicates the media sources are not major media as they do not appear to have significant readership or visits especially when compared to notable major media sources such as The New York Times, and The Wall Street Journal.”

The officer says: your outlets do not measure up to NYT or WSJ — those are reference points.

What the officer requires:

  • The title, date, and author of the published material
  • The circulation (online and/or print)
  • The intended audience of the publication

Important clarification

“The evidence submitted should be specific to the media format in which it was published. If the material was published online, the evidence should relate to the website. If it was published in print, the evidence should relate to the printed publication.”

For online articles provide site data (traffic), for print provide circulation figures.

Why one SimilarWeb source is insufficient?

SimilarWeb — a red flag for officers

If you prove major media ONLY via SimilarWeb, expect an RFE. Officers regularly criticize SimilarWeb as insufficient.

Problems with SimilarWeb:

  • Officers consider it not authoritative alone
  • Data can be inaccurate for smaller sites
  • Does not show the outlet’s historical reputation
  • One source = weak evidence

Correct strategy — combine sources:

Source What it adds Priority
SimilarWeb/SEMrush Traffic and ranking Basic, but not alone
Medialogia/Mediascope Official Russian media ratings High for Russian media
Media Kit of the outlet Audience, awards Medium (self-serving!)
Citations by other media Industry recognition High
Comparison with peers Contextual significance High
Quotes from RFEs: why SimilarWeb/SEMrush is insufficient

Objection: no independent evidence

“The petitioner submitted articles about himself related to his work published in Amazing Architecture, Design and Survey Construction Works, Stroitelnaya Gazeta, and Komsomolskaya Pravda but submitted no independent, probative evidence that they are in major trade publications or other major media.”

The officer says: you attached articles but DID NOT prove the outlets are major. The articles themselves are not proof of media status.

Objection: self-serving data

“While the petitioner submitted readership and circulation data, a majority of the data came from the publications’ own websites. We do not accept self-serving assertions of circulation data.”

Officer: publisher-provided data = self-serving and not accepted.

Objection: bounce rate and visit duration

“Statistics such as visit duration and bounce rates are not indicative of major media status.”

User behavior metrics are marketing indicators, not measures of major media status.

Objection: “About Us” pages not accepted

“USCIS cannot ignore the fact that all of the materials submitted from the web sites’ ‘about us’ pages were prepared by the web sites themselves. Self-generated materials will, by nature, paint their own publications in the most high regard to generate advertisement revenue, participation and increase readership. Such materials are not independent evaluations of the major status of the medium.”

"About Us" pages are promotional and not independent evidence.

Objection: SEMrush without comparative context is useless

“A complete review of the semrush printouts indicates these are static figures for marketing purposes. While these printouts address metrics such as visits, unique visitors, pages/visit and average visit duration, there is no comparative data by which to measure the metrics for these specific web sites. For example, the semrush printout for [site] indicates a unique visitors number of 12.7k. Now, is this per day, per month or per year? Are these numbers low, average or high compared to known major media outlets such as the New York Times or the Wall Street Journal? Without a comparative aspect the information from semrush is not indicative of major media status.”

The officer literally asks: "Is 12.7K a lot?" Without comparison to NYT/WSJ the number is meaningless.

Objection: specific low ranks

“USCIS has reviewed the similarweb printout for [site]. According to this printout the website generated 1.826 million visits from August, 2024 through October, 2024. That visit total placed [site] as the 27,083 most popular website in the United States, and the 3,147 most popular website in the computer and electronics industry. Given these low ranks USCIS cannot conclude that [site] is a major media source, even within the industry.”

Even 1.8 million visits over 3 months was not enough. Ranking #27,083 in the U.S. is "low ranks." To be major you must be among the top outlets, not the 27-thousandth.

Precedent Braga v. Poulos

"See Braga v. Poulos, No. CV 06 5105 SJO (C. D. CA July 6, 2007) aff'd, 317 F. App'x 680 (9th Cir. 2009) (concluding that the AAO did not have to rely on self-serving assertions on the cover of a magazine as to the magazine's status as major media)."

The court confirmed USCIS may disregard self-serving publisher claims. Officers cite this case as legal justification.

Precedent Victorov v. Barr (2020)

"USCIS need not rely on the publisher's self-promotional material. See Braga v. Poulos...; see also, e.g., Victorov v. Barr, No. CV 19-6948-GW-JPRX, 2020 WL 3213788, at *8 (C.D.C.A. Apr. 9, 2020)."

Victorov v. Barr (2020) — a more recent precedent confirming Braga. Officers cite both to strengthen their argument.

Precedent Krasniqi v. Dibbins (2021) — "publication's own say so"

"USCIS is not required to rely on the self-promotional material of the publisher and 'we may require more than the publication's own say so that it is major.' Krasniqi v. Dibbins, 558 F. Supp. 3d 168, 185 (D.N.J. 2021) (citing Braga v. Poulos)."

Krasniqi v. Dibbins (2021) — another recent precedent. Key phrase: USCIS can require "more than the publication's own say so."

Matter of Treasure, Craft — assertions without evidence
Court Precedent
"In the cover letter, Counsel has included information about the publications, but simply going on record without supporting substantive evidence to support assertions, is not sufficient to meet the burden of proof in these proceedings. See Matter of Treasure Craft of California, 14 I&N Dec. 190 (BIA 1972)."

Important precedent: a cover letter claiming media status without substantive evidence is insufficient. You cannot merely assert — you must prove.

Objection: website analytics alone do not prove major

“While the petitioner provided website analytics and ranking data, these statistics alone do not demonstrate that the publications qualify as major media. The evidence must establish that the publication has significant national or international distribution and is considered a professional or major trade publication in the field.”

The officer says: analytics alone don’t prove a significant national/international distribution or professional status.

Objection: promotional materials not counted

“Furthermore, some of the submitted materials appear to be promotional in nature or were created for marketing purposes, which generally do not satisfy this criterion. The published material should be independent coverage about the beneficiary’s work in the field, not advertising or self-promotional content.”

The officer stresses: the content must be independent coverage, not PR or marketing.

Broadcast certificates = self-serving

“You provided evidence from ProBusiness TV, comnews.ru, telecomdaily.ru, et al. such as Broadcast certificate and printouts about their own organizations; however, USCIS need not accept self-serving assertions of information data. See Braga v. Poulos.”

Broadcast certificates and site printouts are self-serving. Braga v. Poulos applies here as well.

SimilarWeb is a traffic tool, NOT a circulation tool

“You provided data from similarweb.com which is a tool to broadly determine internet domain traffic, not to determine a publication’s circulation. Material on the internet can include many types of domains, not all are objective or vetted in the manner of major media and publications with editors or peer review. General web domain statistics offer inappropriate comparisons that are not useful to determine whether a source is major media commensurate with this criterion.”

The officer notes SimilarWeb measures domain traffic, not formal circulation. Domain stats are inappropriate to determine major media status.

IMPORTANT: USCIS acknowledges SimilarWeb is not self-serving

“USCIS acknowledges that SimilarWeb analytical data would not be considered self-serving or promotional data, and that the application of Braga does not apply in this regard. However, the SimilarWeb data does not establish that the submitted evidence demonstrates the articles were published in professional or major trade publications or other major media.”

Nuance: the officer recognizes SimilarWeb is not self-serving, BUT even SimilarWeb alone doesn’t prove that the articles were published in professional or major media.

Requirement: at least TWO analytic sources

“The circulation statistics for the publications are to be compared against at least two separate media traffic analytics (not the publisher) that are in the beneficiary’s field during the same timeframe of the beneficiary’s publications, in the same format (daily, weekly, monthly, quarterly, volume, episodic, annually) and in the same field of endeavor.”

The officer may require at least TWO independent analytics sources (not publisher-provided), with comparisons in the same timeframe and format.

render.ru — denial with specific ranks

“The petitioner points to SimilarWeb data showing the number of visits to the websites of the various publications, but raw numbers do not provide the comparison to other circulation figures required by the USCIS Policy Manual guidance. SimilarWeb data does provide comparative evidence in the form of rankings by country and category, as well as globally. A review of these rankings do not establish these publications as a major trade publication or other major media. For example, render.ru has a global rank #131,250, country rank #8,110 and industry rank #90.”

Concrete example: render.ru with global rank #131,250 — rejected as NOT major. The officer explained: these rankings didn’t establish major status.

siteworthtraffic.com — similar to SimilarWeb, also rejected

“You provided data from siteworthtraffic.com which is a tool to broadly determine internet domain traffic, not to determine a publication’s circulation. Material on the internet can include many types of domains, not all are objective or vetted in the manner of major media and publications with editors or peer review. General web domain statistics offer inappropriate comparisons that are not useful to determine whether a source is major media commensurate with this criterion.”

Same criticism for siteworthtraffic.com: traffic estimation ≠ circulation data.

pr-cy.io — another rejected traffic tool

“You provided data from similarweb.com, pr-cy.io which are tools to broadly determine estimations of internet domain traffic or visits and/or rankings, and/or pageviews, not to determine a publication’s circulation, readership and/or viewership.”

pr-cy.io (a Russian site analyzer) is criticized the same way.

“Reported visits not reliable indicator”

“USCIS finds the information from similarweb.com is relied upon in media and other industries to evaluate website traffic and other performance indicators. However, USCIS finds the figures provided are insufficient to show that any of the websites qualifies as ‘other major media’. Thus, USCIS finds reported visits are not a reliable indicator of the number of people visiting the site, and thus of each publication’s online circulation.”

The officer acknowledges SimilarWeb’s use in industry, BUT says reported visits are not a reliable indicator of online circulation.

Pageviews ≠ circulation (detailed explanation)

“USCIS notes, that circulation, readership and/or viewership of published material is not the same as visitation and/or pageview and rankings of published material. Circulation is a count of how many copies of a particular publication are distributed. Readership is an estimate of how many readers a publication has. Viewership is a count of visitor loads or reloads of a page that they chose to view. Visits and/or pageviews occurs when someone lands and/or is redirected to a site from an external page such as Google or another website but did not choose to go to that site.”

The officer explains the differences: circulation = copies distributed; readership = estimated readers; viewership = number of times the page is loaded; visits/pageviews can include accidental redirects. Pageviews include accidental traffic — not equivalent to an engaged audience.

Self-manufactured editorial comments — where from?

“What appear to be self-manufactured editorial comments regarding articles and publication information were supplied in multiple documents without a foreign language original source. For example, Exhibit 93 stated, 'The article highlights Mr. [Name]‘s involvement as a member of the Board of Directors… actively promoting the tannery’s products…’ The document proceeds to cite a title, author, date and link to the publication and brief overview of the Business Journal of Bashkortostan. It is not apparent where the circulation and distribution information originated, please explain.”

The officer noticed the petitioner created summary documents with comments about articles and circulation data but did not show the source of those figures. "It is not apparent where the circulation and distribution information originated" — the officer demands source attribution.

Source rule

If you create aggregated documents about articles — clearly indicate the source of every figure. "Circulation 500,000" — where did that come from? The outlet site? Medialogia? Officers will check.

SimilarWeb didn’t convince the officer — what alternatives?

Additional sources:

  • Alexa (archival data via Wayback)
  • SEMrush / Ahrefs
  • Media kit from the outlet
  • Medialogia rankings
  • Mediascope data (for TV/radio)

How to respond to an RFE on media?

Response structure:

  1. Additional evidence on each outlet
  2. Comparative data vs known outlets
  3. Expert letters about the outlet’s significance
  4. Explain publication context

RFE asked to prove major — what to do?

  1. Gather all available metrics (traffic, circulation, rankings)
  2. Compare with American analogs
  3. Show other media citations
  4. Add an expert letter from a media specialist

Expert letters — not automatically persuasive!

Officers apply precedent Matter of Caron and Matter of V-K- which limit the weight of expert opinions. Objective data (statistics, rankings) are needed.

RFE example: expert letters ≠ proof

Explanatory note = “simply an opinion”

“The explanatory note from [Name] is simply an opinion. Furthermore, the submission of solicited letters supporting the petition is not presumptive evidence of eligibility. See Matter of Caron International, 19 I&N Dec. 791, 795 (Comm. 1988); see also Matter of V-K-, 24 I&N Dec. 500, n.2 (BIA 2008) (noting that expert opinion testimony does not purport to be evidence as to ‘fact’).”

Officer cites two important precedents:

  • Matter of Caron (1988): solicited letters are not presumptive evidence
  • Matter of V-K- (2008): expert opinion ≠ evidence of fact

Conclusion: an expert letter about a media outlet’s importance is an opinion, not a factual proof. Objective statistics are required.

“Online material about other online material” — not probative

“Simply submitting online material about other online material whose veracity and legitimacy cannot be determined has no probative value.”

You cannot attach Wikipedia or other online articles about a media site as proof of its major status. The officer cannot verify such secondary sources.

Technical requirements

How to properly submit an article from the internet?

Screenshots = altered document!

Officers reject screenshots pasted into Word or Google Docs. This is considered "self-made documentation" and "undermines credibility."

What NOT to do:

  • Take multiple screenshots, paste into Word/Google Docs
  • Cut pieces of an article and paste them into your own document
  • Resize or crop images
  • Remove parts of the page

Correct method — save a PDF in original format:

Method How to do it
Print to PDF Ctrl+P (Cmd+P) → “Save as PDF” — preserves page as-is
GoFullPage Chrome extension — captures the ENTIRE page into a single PDF
Firefox Screenshot Right click → “Take Screenshot” → “Save full page”

Requirements for each PDF page:

  • Visible URL address
  • Page number
  • Original size and format
  • Save date (in file name or on the page)

GoFullPage — the most reliable method

The extension automatically scrolls the page and creates a single PDF with all content. The URL is visible in the browser header on the screenshot.

RFE example: altered copies are not accepted

Detailed requirements for webpage screenshots

“With respect to documents from the Internet, you must submit webpage screen shots (including the URL address and page number on each page) as they would appear on the original source’s website. You submitted webpage screen shots not as they appear (did not include the URL address and page number on each page) on the original source’s website.”

Each screenshot page must include: (1) URL address, (2) page number. Without this — "not as they appear on original source."

Cut-and-paste = undermines credibility

“It appears you submitted self-made documentation where you pasted specific portions of information (text, pictures, etc.) from the original webpage (articles or information). This undermines the credibility of this documentation because it did not originate from the original source.”

If you cut parts of a page and pasted them into your document — this "undermines credibility."

No full URL = no probative weight (Matter of Treasure Craft)

“With respect to documents from the Internet, the petitioner did not submit evidence that shows the full URL address on each page in order for the source to be identified. Therefore, no way to independently and objectively verify their originality. As such, this article is given no probative weight. See Matter of Treasure Craft of California, 14 I&N Dec. 190 (BIA 1972).”

The officer cites Matter of Treasure Craft: without a full URL on each page — "no way to independently and objectively verify originality." Result: NO PROBATIVE VALUE.

Digital, self-made copies = inadmissible

“The petitioner submitted digital, self-made copies of documentary evidence that you reduced or altered, but such documentation is inadmissible. You must submit legible, non-digital photocopies or computer printouts directly from publications of all original documentary evidence, reflecting their original size.”

The officer says: if you altered size or edited documents — such copies are inadmissible. Submit ordinary legible photocopies reflecting original size.

Why URL and page numbers are critical

“Internet webpage screen shots lacking an URL address and page numbers from the original source are of little probative value as the statements or assertions contained therein cannot be corroborated, nor can we verify the screen shot is complete and accurate.”

Without URL and page numbers the officer cannot (1) verify the source, (2) confirm the screenshot is complete. Result = "little probative value."

Illegible and incomplete copies

“You have submitted copies of digitized evidence that appear illegible and incomplete. The material that you provided as evidence includes digitized material, possibly scanned, and some altered with handwriting and cut and pasted information on the copies. This material is not reliable documentation, nor does it comply with the regulatory requirements at 8 C.F.R. § 103.2(b)(3).”

The officer says: illegible scans with edits or handwritten notes are not reliable documentation and don’t comply with 8 C.F.R. § 103.2(b)(3).

Quality vs quantity (Chawathe)

“Eligibility is to be determined not by the quantity of the filings alone but by their quality. Chawathe, 25 I&N Dec. at 376 (citing Matter of E-M-, 20 I&N Dec. 77, 80 (Comm’r 1989)). We ‘examine each piece of evidence for relevance, probative value, and credibility, both individually and within the context of the totality of the evidence.’”

The officer says: many documents do not equal good evidence. Each piece is examined for relevance, probative value, and credibility (Chawathe).

Most detailed instruction

“Digital, self-made copies of documentation (recommendation letters, membership documents, internet webpages, etc.) that includes altered material or information pasted (text, pictures, dates, etc.) into a self-created document will not be given probative value. You must submit ‘ordinary legible photocopies’ of all original documentary evidence, reflecting their original size. Do not submit digital photos or scans of documentary evidence that are pasted in to a document, altered, or photoshopped.”

The officer explicitly forbids: (1) inserting into Word/Google Docs, (2) changing sizes, (3) photoshopping, (4) cutting. Use ordinary legible photocopies in original size.

Self-made documents “severely undermine credibility”

“With respect to documents from the Internet, you must submit webpage screenshots (including the URL address on each page) as they would appear on the original source’s website. You submitted webpage screenshots not as they appear (when searching the stated URL address) on the original source’s website. Instead, you submitted self-made documentation where you pasted specific portions of the webpages’ information (text, pictures, etc.) from the original webpage (articles or information). This severely undermines the credibility of this documentation because it did not originate from the original source.”

"Severely undermines credibility" — a strong phrase. If the officer sees your document doesn’t match the original, it’s a major credibility issue.

Why self-made documents are rejected

“Furthermore, you were solely responsible for what content was included (which is not independent nor objective), not the original source, and it is not clear whether the submitted documents were complete (and completely translated). In addition, many of your self-made documents included text (including URL addresses, dates, authors names, etc.) that were illegible. Consequently, we did not consider any of this self-made material.”

Three problems: (1) you chose content — "not independent nor objective", (2) unclear if the document is complete and fully translated, (3) illegible text. Result: "we did not consider any of this self-made material."

How to fix it — direct officer instruction

“If you want USCIS to fully credit the material you have submitted from the internet, re-submit the webpages (webpage printouts) as they would exactly appear on the original source’s website/webpage, with the full URL address.”

The officer gives a clear instruction: "webpage printouts as they would exactly appear" + full URL. Use Print to PDF or GoFullPage.

What is the minimum article length (characters)?

No formal minimum. Guidelines:

  • 400+ words — minimum
  • 800+ words — good
  • 1500+ words — excellent

Quality and depth matter more than length.

Photo license fee — should it be indicated?

No, this is irrelevant to USCIS. Important only:

  • Photo credited to you in the caption
  • Photo used in an article about you

A newspaper with circulation 50,000 — is it major?

Depends on context:

  • For a city of 100K population — yes, major
  • For a country of 150M population — additional justification needed
  • Compare with other outlets in the category

How to provide a link to a paywalled article?

  1. Save via Print to PDF or GoFullPage (not screenshots in Word!)
  2. If paywall blocks access — try Wayback Machine
  3. Note in the petition: “Full article behind paywall, PDF attached”
  4. Attach supporting information about the outlet

Article removed from the internet — how to use it?

  1. Wayback Machine — find archived version
  2. Save via Print to PDF with URL and archive date
  3. If not archived — use any saved copies you have
  4. Explain in the petition why the article is unavailable

Print vs online — any difference?

For USCIS there’s no fundamental difference. But:

  • Print: harder to fake, perceived as stronger
  • Online: easier to show traffic and reach

Both formats can be equally valid to prove major status.

Must the media be officially registered?

Official registration is not required. USCIS looks at:

  • Audience and reach
  • Editorial control
  • Industry recognition

Many major online outlets aren’t registered as “media.”

Article in a mobile app — how to prove?

  1. Screenshots from the app with the date
  2. App info (App Store / Google Play)
  3. App audience data
  4. Use the web version if available

Only online media without print edition — acceptable?

Yes. In 2024+ most major media are online. Requirements are the same:

  • Significant national or international distribution
  • Editorial control
  • Industry recognition

Can you get a visa without media

Is it realistic to get O-1/EB-1A without the media criterion?

Yes. Media is one of 10 criteria and not mandatory:

  • EB-1A: you must meet 3 criteria
  • Many obtain approval without media
  • IT specialists often rely on authorship + contributions

Which criteria substitute for media?

Popular alternatives:

  • Authorshipscholarly articles, patents
  • Judging — peer review, jury service
  • Contributions — significant contributions to the field
  • High Salaryhigh salary
  • Awards — industry prizes and recognition

IT specialists without media — strategy?

Typical strategy for IT without media:

  1. Authorship (conference papers, patents)
  2. Contributions (products, open-source projects)
  3. Judging (conference program committees, reviews)
  4. High salary

Weak media — better not to include?

Depends:

  • 1-2 weak media items — better exclude
  • Weak media may weaken the entire petition
  • Focus on stronger criteria instead

Field-specific nuances

IT/Tech — which media count?

Recommended outlets:

  • TechCrunch, Wired, The Verge (major)
  • IEEE Spectrum (professional)
  • Use industry portals with editorial control
  • NOT: Habr, Medium, HackerNoon (as primary evidence)

Business/entrepreneurship — which media?

Recommended:

Sports — how to document media coverage?

For athletes:

  • Articles about competitions with your name
  • Interviews in sports media
  • Features focusing on you personally

Competition results ≠ published material

Officers explicitly state: "gameplay or player statistics" are not considered substantial published material about you. Competition results are data, not narrative articles about you.

[details=“RFE example: newsru.co.il — competition article ≠ article about YOU”]

Officer criticism

“You submitted an article from newsru.co.il that only mentions you and where you placed in competition. This material is about the results of the 2022 European Ballroom Dance Championships and not ‘about’ you. Published material must not simply be about the results of a ballroom dance competition, but about you–though it may not be unrelated to your work. Your accomplishments in the wider field should be the focal point of the published material.”

Concrete example: a newsru.co.il article about a championship that mentions placement. The officer said: the article is about event results, not about YOU. It lacks a substantial evaluation of your accomplishments.

[details=“RFE example: dance sport results rejected”]

Officer criticism

“You have submitted what appear to be one article and dance sport competition results and synopsis. You have submitted articles that appear to be missing one of these three pieces of information: title, date or author and this evidence therefore cannot be considered probative.”

The officer says: dance competition results are not "published material about you." They are event data, not articles about you.

Not counted for athletes:

  • Results tables
  • Game/match statistics
  • Rankings and standings
  • Competition synopses

Counts for athletes:

  • Feature stories about your career
  • Interviews in sports media
  • Feature articles where you are the focal point

Bulk mentions of an event — compile or submit each separately?

If many mentions of a single event — prepare a compilation exhibit with 5–10 best pieces. No need to submit 50 separate screenshots.

Article about a championship — show season participation or past seasons?

Include all relevant mentions, but focus on pieces where you are explicitly discussed. Past seasons can provide context for the event’s significance.

Creative professions — which publications?

For designers, artists:

  • Industry journals (Dezeen, ArchDaily)
  • Exhibition reviews in media
  • Interviews in lifestyle outlets (if focused on your work)

Reprints and syndication

Repost of the same article across outlets — count separately?

No. Reprints are not counted as separate publications:

  • Indicate the original source
  • Mention reprints as “distributed across X outlets”
  • Do not count them as multiple separate publications

Syndicated content — how to treat?

Syndication (AP, Reuters) requires special handling:

  • Indicate the original source
  • Show distribution reach
  • Focus on the quality of the original piece

Article in two languages (original + translation) — two sources?

No. It’s one publication in two versions:

  • List the original as the primary source
  • The translation demonstrates international reach
  • Do not count it as two separate articles

Article in a partner section — acceptable?

Depends on the section:

  • “Partner Content”, “Sponsored” — no
  • Sections with editorial oversight — may count
  • Check for advertising labels

Press release republished on Yahoo Finance — is that media?

No. Press releases posted on Yahoo Finance, MarketWatch, BusinessWire:

  • Are not editorial content
  • Are paid placements
  • Officers understand this distinction

These can be used for Final Merits as evidence of PR activity, but not for meeting the published-material criterion.

Edge cases

“As told to” format — is this an article about you?

Yes. “As told to” pieces are articles about you:

  • A journalist records your story
  • Editorial processing is present
  • Published in media

This is a standard journalistic form.

Ghostwritten article under your name — how to use?

Article authored by you ≠ article about you:

  • Not acceptable for this criterion
  • Can be used for Authorship or Contributions
  • May help in Final Merits

An interview you initiated — is that a problem?

Not necessarily. Many interviews are PR-initiated:

  • The result is what matters: an editorial article
  • You do not need to disclose who initiated contact
  • The officer typically does not investigate how the interview was arranged

Is an invitation from the media required?

Not required, but helpful to demonstrate:

  • Editorial content (not paid)
  • Media chose you voluntarily
  • Recognition as an expert

A journalist friend wrote the article — conflict?

Formally not a problem, but:

  • The article must be published in major media
  • Editorial oversight must exist
  • Avoid highlighting personal connections

Is there a USCIS blacklist of media?

No blacklist exists. Media that are commonly used and rarely questioned include:

  • Russian: KP, RBC, Izvestia, TASS, Forbes Russia, Pravda.ru
  • International: Forbes, TechCrunch, Wired, The Verge

Main point — prove the outlet is major via data.

Publication in a photobook/exhibition catalogue?

Weak evidence for the media criterion. Catalogs:

  • Are not major media
  • Have limited audiences
  • Better used for Contributions or Exhibitions criterion

Media sold on Upwork for $300 — usable?

Risky. If a media outlet is known to sell publications:

  • An officer may be aware
  • Publication quality is likely low
  • Better choose another outlet

A book — does it count for media?

No. A book is:

  • Your authored work
  • Not “published material about you”
  • Use it for the Authorship or Contributions criteria

Specific media: experience and reviews

T-J (Tinkoff Journal) — does it count?

Yes, if the article is about you:

  • Major Russian outlet (large traffic)
  • Editorial oversight
  • But authored posts by you are not “about you”

Express-gazeta (eg.ru) — acceptable?

Yes, a solid outlet:

  • Federal media with large audience
  • Successful approval cases exist
  • Support with SimilarWeb traffic data

Detailed cases

Success stories: 57 cases

Pravda.ru — acceptable?

Yes, acceptable:

  • Known Russian outlet
  • Recognizable history
  • Provide traffic data

Argumenti Nedeli — acceptable?

Yes, good outlet:

  • Federal weekly newspaper
  • Print circulation + online presence
  • Approval cases exist

Argumenti Nedeli — documents to prove major status

Documents to prove AN’s major status
Document What it proves
Roskomnadzor license Official status in the Russian media market
Medialogia 2025 #9 among the most-cited federal newspapers in Russia
Audience data 7 million audience, 3+ million readers
“Golden Pen of Russia” Editor-in-chief awarded a prestigious journalism prize
Union of Journalists award Editor-in-chief is a laureate
“Litera-2022” Journalist winner of a gubernatorial prize
Traffic Report 1.36 million visits per month

Why it works: Journalistic awards + Medialogia ranking + 17 years of history + partnerships with KP.

TAdviser — good for IT?

Yes, a strong industry outlet:

  • Largest portal about IT in Russia
  • Professional audience (CIOs, IT directors)
  • Editorial oversight, not self-published
  • Great as a professional/trade publication

MSN.com — acceptable for O-1/EB-1A?

Depends on the source:

  • Original MSN content — yes
  • Reposts and republished press releases — indicate the original
  • MSN is an aggregator; primary source is important

Dni.ru — acceptable?

A medium outlet:

  • Use in a package with other media
  • Support with traffic data
  • Combine with stronger outlets

Where to get help with publications

Russian and international media

Olga Maraeva — PR specialist, helps with placements in Russian and international media. Dozens of successful cases in the community.

Irina Golmgray — media strategy expert, consults on publication strategy and placement. Many positive reviews from community members.

Ukrainian media

Daniil from Publishare Agency — specializes in Ukrainian media for O-1/EB-1. Partnerships with 1,500+ Ukrainian outlets, 200+ clients since 2017.

Important

Before ordering publications, make sure you understand USCIS requirements for articles. Even a paid piece in major media can be rejected if it does not meet criteria.

сама когда помогала знакомой собирать кейс, именно на СМИ больше всего времени ушло - не потому что публикаций не было, а потому что доказать что издание major оказалось целой историей. хорошо что тут и про RFE разобрано, потому что именно на этом критерии часто просят дослать. не откладывайте сбор тиражных данных на потом, это потом больше всего нервов стоит

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о да, тиражные данные это прям отдельная боль. я когда свои документы готовила, думала ну что там сложного - нашла статью, приложила. а потом оказалось что надо ещё доказать что само издание значимое, и SimilarWeb уже не катит как аргумент. если есть публикации не на английском - начинайте с переводов пораньше, это всегда дольше чем кажется

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ну тут ещё момент который часто упускают - тема публикации должна быть про тебя и твою работу, а не тобой написанная статья. люди путают authored articles (это scholarly, другой критерий) и published material about the beneficiary. если ты сам написал колонку в Forbes это одно, а если про тебя и твой проект написали - вот это уже сюда. по факту офицеры на это смотрят внимательно, особенно после RFE. и да, насчёт формата - видео на YouTube теоретически можно но там надо выстраивать целую аргументацию что это major media, просто ссылку кинуть не получится

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кстати кто сам без адвоката готовится - очень рекомендую на сайте uscis почитать реальные отказы по вашей сфере, там видно на чём люди сыпятся. адвокаты часто говорят “у вас всё готово” а потом приходит RFE именно на то что не проверили. сколько публикаций нужно и в каких именно изданиях - это от кейса зависит, универсального числа нет, хотя…

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насчёт требований к изданиям - тут сильно зависит от адвоката и от кейса, кто-то просит минимум 6 авторских статей плюс 4 интервью, кто-то обходится меньшим количеством но в более крупных изданиях. важно что охват издания реально имеет значение, если там меньше полмиллиона читателей в месяц то могут придраться что это не major media. я бы на твоём месте не гнался за количеством а смотрел на то как это будет выглядеть в связке - одна сильная публикация в отраслевом топе лучше чем пять в непонятных блогах которые потом ещё доказывать что они significant. ну и главное не путать два критерия опять же - интервью про тебя это сюда, а твои экспертные статьи это scholarly articles, разные вещи хотя адвокаты иногда сами мешают в кучу

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ну вот про разницу между “ты написал” и “про тебя написали” - это реально ловушка, многие на ней спотыкаются. знакомая тоже думала что её авторская колонка подойдёт, а оказалось совсем другой критерий. лучше сразу разобраться чем потом переделывать на нервах)

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слушай, а ещё кто сам собирает - читайте отказы на сайте uscis по вашей сфере, там прям видно на чём люди сыпятся. адвокаты часто говорят “да тут у вас уже всё готово”, а по факту нужно проводить глубокий анализ, особенно по медиа. сколько статей нужно и в каких изданиях - это индивидуально от кейса к кейсу, универсального числа нет)

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