Glossary
What is preponderance of the evidence?
It is the amount of proof USCIS asks for in most green card and visa cases. You must show your claim is more likely true than not.
Last checked October 2026 · Sources
- Means
- More likely than not
- Key case
- Matter of Chawathe (AAO 2010)
- Who must prove it
- You, the person asking
- Applies to
- Most USCIS benefit requests
Quick answer
What is preponderance of the evidence?
Preponderance of the evidence is the standard of proof for most USCIS benefit requests, including EB-1A, EB-2 NIW and O-1 petitions. You meet it when your relevant, credible evidence shows your claim is “probably true” or “more likely than not.” The officer may still have some doubt, and the standard can still be met.
- “More likely than not” means a greater than 50 percent chance.
- The burden of proof is always on you, the person asking.
- Quality of evidence counts more than the number of pages.
- It does not replace the evidence a regulation requires.
In plain words
Standards of proof compared
Immigration law uses different levels of proof. Most USCIS cases use the first one below.
| Standard | What it means | Where it applies |
|---|---|---|
| Preponderance of the evidence | More likely than not: a greater than 50 percent chance | Most USCIS benefit requests, including I-140 and I-129 petitions |
| Clear and convincing evidence | A higher level of proof set by law for some cases | For example, a marriage entered during removal proceedings |
| Beyond a reasonable doubt | The criminal law standard | Not used for USCIS benefit requests |
Sources: USCIS Policy Manual, Vol. 1, Part E, Ch. 4 and Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010). The criminal standard row is general background, not taken from these sources.
Why it matters for you
What this standard means for your petition
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You do not need certainty
Chawathe says that even with some doubt, relevant, probative and credible evidence that makes your claim probably true is enough.
-
Quality beats quantity
Chawathe says each piece is weighed for relevance, probative value and credibility, alone and as a whole. Truth turns on quality, not just quantity.
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Required evidence is still required
The standard does not excuse you from the specific evidence a regulation lists, such as for EB-1A under 8 CFR 204.5(h)(3).
-
Gaps lead to an RFE or NOID
If you fall short, the officer may send a request for evidence or a notice of intent to deny, or deny the case.
Where it comes from
The legal source
Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010), Interim Decision #3700, decided October 20, 2010, sets out the standard. USCIS repeats it in the USCIS Policy Manual, Vol. 1, Part E, Ch. 4, which cites INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) for “greater than 50 percent.” For EB-1A, the officer applies it in the final merits determination. That is the second step of the Kazarian review. (USCIS Policy Manual, Vol. 6, Part F, Ch. 2) Matter of Dhanasar uses it for the NIW prongs. For O-1, see USCIS Policy Manual, Vol. 2, Part M, Ch. 4.
Go deeper
Related terms and guides
Preponderance of the evidence, in depth
The standard your petition is judged by, and how officers apply it.
Read more GlossaryFinal merits determination
The second step of EB-1A review, where the whole record is weighed.
Read more GlossaryRequest for evidence (RFE)
What USCIS sends when your proof falls short.
Read more VisaEB-1A green card
Criteria, costs and timing for extraordinary ability.
Read moreFAQ
Questions people ask
It means your evidence shows your claim is probably true, or more likely than not. USCIS uses it for most benefit requests. (USCIS Policy Manual)
Roughly, yes. The Policy Manual cites a Supreme Court case that defines “more likely than not” as a greater than 50 percent probability.
You do. The Policy Manual says the burden to establish eligibility always falls solely on the benefit requestor.
No. The Policy Manual applies preponderance to EB-1A and O-1, and Dhanasar applies it to the NIW. You must still meet the high bar of the category itself.
Yes. Chawathe says that even with some doubt, relevant, probative and credible evidence that makes the claim probably true is enough.
See how strong your evidence looks
The free evaluation checks your record for EB-1A, EB-2 NIW and O-1, criterion by criterion. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010), Interim Decision #3700
- USCIS Policy Manual, Volume 1, Part E, Chapter 4: Burden and Standards of Proof
- USCIS Policy Manual, Volume 6, Part F, Chapter 2: Extraordinary Ability
- USCIS Policy Manual, Volume 2, Part M, Chapter 4: O-1 Beneficiaries
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
