Ever wondered what it really takes to meet requirements for the extraordinary ability EB1A criteria? If you’re an expert in your field, this could be your ticket to a green card to live and work in the U.S. But here’s the catch—it’s not just about being great at what you do; it’s about proving, with solid evidence, that you’re among the best.
If you’ve started researching the EB1A process, you’ve probably come across its infamous list of 10 criteria. At first glance, they might seem overwhelming—awards, publications, judging, leadership roles—it’s a lot to unpack. But here’s the good news: you don’t need to meet all ten. You just need to satisfy at least three. The trick is figuring out which ones best showcase your accomplishments and how to present them in a way that USCIS finds compelling.
So, what exactly qualifies as an “extraordinary ability”? Think of it as a career highlight reel that proves you’re not just talented, but that your contributions have made a real impact. Maybe you’ve won prestigious awards, published influential research, or played a critical role in a top-tier organization. The goal is to connect the dots between your achievements and the strict EB1A criteria.
Over the next few sections, we’re going to break down each of the 10 criteria in simple, no-nonsense terms. You’ll learn:
✔️ What USCIS is actually looking for in each category
✔️ How to gather and present the right evidence
✔️ Common mistakes that could weaken your case
✔️ Real-life tips to strengthen your petition
By the end of this guide, you’ll have a clear strategy for building a strong EB1A case—one that doesn’t just check boxes but tells a powerful story of your expertise. So, grab a coffee, take a deep breath, and let’s break this down step by step.
PS: If you go through this guide and believe you have a potentially valid case, then don’t hesitate to fill out our free attorney case assessment questionnaire: Click here to access our free EB1A evaluation form!
1. Nationally or Internationally Recognized Prizes or Awards for Excellence
Winning an award feels great—but is it enough for EB1A? Not all prizes or honors qualify. Let’s break down what USCIS is actually looking for and how you can prove your award meets the standard.
What Kind of Awards Count?
USCIS isn’t interested in just any award. To meet this criterion, your prize must be:
✅ Nationally or internationally recognized – A local or regional award won’t cut it. It should be something that professionals in your field, across a country or worldwide, recognize as prestigious.
✅ Given for excellence in your field – The award must be based on merit and not just participation, seniority, or other non-excellence factors.
✅ Competitive – The award should have a selection process where top professionals compete for recognition.
Some examples of strong qualifying awards:
- A Pulitzer Prize for journalism
- An Academy Award (Oscar) for film
- A Nobel Prize in science or literature
- Best Paper Awards from top international conferences in academia or tech
- An industry-recognized innovation award in business, technology, or engineering
Some examples of awards that might not be strong enough:
❌ Employee of the Month (too localized, not prestigious)
❌ University Scholarships (usually only for students, not top professionals)
❌ Internal company awards (not industry-wide recognition)
How to Prove Your Award Meets the Standard
If you have a qualifying award, that’s great! But simply stating, “I won X award” won’t be enough. You’ll need to provide supporting evidence such as:
📌 Award certificate or official announcement – A physical copy of the award or an official press release proving you won.
📌 Selection criteria – Show how the award was given. Were only the top 1% of candidates selected? Was there a rigorous evaluation process?
📌 Reputation of the award – Provide evidence that this is a major award in your industry. This could be media coverage, a list of past winners, or an explanation of the organization granting the award.
📌 Competition level – Explain how many people applied or were considered. If possible, show that past winners of this award went on to achieve significant recognition.
What If Your Award Isn’t Enough?
If your current awards don’t quite meet the EB1A standard, don’t worry—you might still qualify under other EB1A criteria. However, you can also consider:
🔹 Applying for more competitive awards – Some industry-specific recognitions (e.g., IEEE awards, medical honors, or entrepreneurial recognitions) may still be within reach.
🔹 Strengthening your supporting documents – If your award is on the borderline, adding more evidence about its significance might help.
🔹 Focusing on other criteria – If your awards are not strong enough, you might want to put more effort into criteria like publications, leadership roles, or original contributions.
Bottom Line: Winning an award is only half the battle—you need to prove that it’s prestigious, industry-wide, and highly competitive. With the right documentation, this can be one of the strongest EB1A criteria to meet.
2. Membership in Associations That Require Outstanding Achievement
Being a member of an organization isn’t enough—USCIS wants to see that your membership was earned through significant professional accomplishments, not just by paying a fee.
What Kind of Memberships Count?
To qualify under this criterion, your membership must meet these requirements:
✅ Selective Admission Process – Membership should be granted based on professional achievements, not just an open application.
✅ Reviewed by National or International Experts – Your acceptance should involve an evaluation by recognized professionals in your field.
✅ Prestigious Reputation – The organization should be well-known in your industry and recognized as a leading authority.
Examples of Qualifying Organizations
✔️ National Academy of Sciences (for scientists)
✔️ IEEE Fellow Membership (for engineers and technologists)
✔️ American Medical Association (AMA) – Distinguished Fellow Status (for medical professionals)
✔️ Screen Actors Guild (SAG) – Based on Acclaimed Work (for actors)
✔️ American Institute of Architects (AIA) – Fellowship (for architects)
Memberships That Probably Won’t Count
❌ General professional associations with open membership (e.g., joining IEEE as a standard member)
❌ Local business networking groups or chambers of commerce
❌ Alumni associations (unless there’s a special honor-based membership tier)
How to Prove Your Membership Qualifies
If you’re part of a high-level association, here’s what you’ll need to provide:
📌 Membership Certificate or Official Confirmation Letter – Proof that you are a recognized member.
📌 Bylaws or Membership Criteria – Show that entry is based on outstanding achievements and is judged by experts.
📌 Selection Process Details – Highlight if a panel of professionals reviewed your work before granting membership.
📌 Reputation of the Organization – Provide media coverage, historical significance, or statements from industry experts confirming the organization’s prestige.
What If You Don’t Have a Qualifying Membership?
If your current memberships don’t meet the USCIS standard, consider these steps:
🔹 Apply for Fellow or Honorary Status – Many organizations offer distinguished membership tiers based on achievements.
🔹 Seek Invitations to Elite Groups – Industry organizations often invite top contributors.
🔹 Strengthen Other EB1A Criteria – If you lack a qualifying membership, focus on awards, publications, or original contributions.
Bottom Line: A strong membership can be a great asset to your EB1A case, but you need to show that your acceptance was based on professional excellence, not just a subscription fee.
3. Published Material About You in Professional or Major Media
Having your name in print is great—but for EB1A, it’s not about being mentioned in any random article. USCIS is looking for published material that highlights your work and its impact in your field.
What Kind of Publications Count?
To qualify under this criterion, the published material must meet these requirements:
✅ Be about YOU and your work – A general article about your company or field won’t count unless it specifically highlights your contributions.
✅ Appear in professional or major trade publications or mainstream media – The publication should have a significant audience and industry credibility.
✅ Discuss your impact in the field – The article should describe how your work has contributed to advancements or recognition in your industry.
Examples of Strong Publications
✔️ A featured interview in Forbes, The New York Times, National Geographic, or The Wall Street Journal
✔️ A profile piece in a respected industry journal like Nature, Science, IEEE Spectrum, The Lancet, or Harvard Business Review
✔️ A news article covering your achievements, such as winning a prestigious award, leading a major project, or launching a groundbreaking innovation
✔️ A feature in a professional association’s publication recognizing your contributions to the field
What Won’t Count?
❌ Simple name mentions (e.g., “Dr. Smith attended the conference”)
❌ Marketing or promotional materials (e.g., paid press releases or company newsletters)
❌ Articles about your employer without directly crediting you for significant achievements
❌ Local community magazines or blogs with no professional credibility
How to Prove Your Published Material Qualifies
If you have strong media coverage, here’s what you’ll need:
📌 Copies of the Articles – Submit the original publication or a digital copy, ensuring your name and contributions are clearly visible.
📌 Publication Details – Provide information about the publication’s reputation, including circulation numbers and audience reach.
📌 Contextual Evidence – If necessary, include a letter from the editor or journalist explaining why your work was covered.
What If You Don’t Have Published Material?
If you haven’t been featured in major media, here are some strategies to boost your profile:
🔹 Seek media opportunities – Pitch your work to journalists or contribute to expert roundtables.
🔹 Get featured in industry publications – Many professional organizations have newsletters and magazines that highlight significant contributions in their fields.
🔹 Publicize your achievements – When you win awards or lead major projects, make sure they get covered in reputable sources.
Bottom Line: If your work has been featured in professional or major media outlets, you’re in a strong position for this EB1A criterion. Just make sure the coverage is detailed, credible, and directly about your achievements.
4. Participation as a Judge of the Work of Others in Your Field
Have you ever reviewed research papers, judged a competition, or been on an award panel in your field? If so, this could be a strong criterion for your EB1A case!
What Kind of Judging Counts?
To qualify under this criterion, your role as a judge must meet these requirements:
✅ Be in your field of expertise – You must have evaluated work directly related to your area of extraordinary ability.
✅ Be official and documented – Informal mentoring or giving feedback to colleagues doesn’t count. There must be a formal selection or invitation process.
✅ Be conducted by a recognized entity – The organization inviting you to judge should have credibility in the industry.
Examples of Strong Judging Roles
✔️ Peer review of research papers for respected journals such as Nature, IEEE Transactions, The Lancet, or Harvard Business Review
✔️ Serving on an awards panel for industry recognitions like the Academy Awards (Oscars), Nobel Prize Committees, or major engineering/medical honors
✔️ Judging professional competitions (e.g., startup pitch contests, artistic showcases, international science fairs)
✔️ Evaluating funding proposals for government agencies like the National Science Foundation (NSF), National Institutes of Health (NIH), or European Research Council (ERC)
What Won’t Count?
❌ Internal work evaluations for employees or students (e.g., reviewing your own team’s work as a manager)
❌ Informal mentorship or advisory roles without a structured evaluation process
❌ Judging work in an unrelated field
How to Prove Your Judging Experience Qualifies
If you’ve served as a judge, here’s what you need to provide:
📌 Invitation Letters or Official Emails – Documents that confirm you were selected to review or judge work.
📌 Evidence of Participation – Screenshots of review assignments, judging scorecards, or a letter from the organization confirming your role.
📌 Organization’s Credibility – Details about the entity that invited you, such as past judges, event significance, and competition level.
What If You Haven’t Served as a Judge Yet?
If you don’t have qualifying judging experience, consider:
🔹 Applying to be a peer reviewer – Many academic and technical journals look for qualified reviewers.
🔹 Volunteering for industry panels – Competitions and grant programs often seek expert judges.
🔹 Joining selection committees – Professional organizations may need evaluators for awards or certifications.
Bottom Line: If you’ve been trusted to evaluate the work of your peers in a formal, recognized setting, you can use this criterion to strengthen your EB1A petition. Just ensure that your judging experience is well-documented and tied to your field of expertise!
5. Original Contributions of Major Significance in the Field
What have you done that truly changed your field? USCIS isn’t just looking for routine work—they want to see original contributions that have had a major impact on your industry.
What Counts as an Original Contribution?
To meet this criterion, your contributions must be:
✅ Original – Your work must be innovative and not just a repetition of existing knowledge.
✅ Significant – It must have made a meaningful impact in your industry, such as influencing how things are done or being widely adopted.
✅ Recognized by Experts – Other professionals in your field should acknowledge your contribution as valuable.
Examples of Strong Contributions
✔️ Patents & Innovations – If you have an issued patent that is actively being used in the industry, that’s strong evidence of an original contribution.
✔️ Groundbreaking Research – A discovery or theory that has changed the way experts in your field approach problems.
✔️ Industry-Changing Technology or Products – If you developed a widely adopted tool, software, or technique, that’s a major contribution.
✔️ Key Policy or Regulatory Changes – If your work has influenced laws, industry standards, or best practices, it counts as significant.
What Won’t Count?
❌ Routine work (e.g., publishing research that hasn’t been widely cited)
❌ Contributions without evidence of impact (e.g., an invention that no one has used)
❌ General job responsibilities (e.g., writing reports or managing projects without proof of significance)
How to Prove Your Contribution Qualifies
📌 Patents & Licensing Agreements – If you hold a patent, provide documentation showing it’s in use.
📌 Citation Records & Media Coverage – If your research or innovation has been cited or covered in major publications, include those references.
📌 Letters from Industry Experts – Testimonials from professionals explaining how your work has changed the field.
📌 Implementation Evidence – Documents showing that your work has been adopted by organizations, companies, or regulatory bodies.
What If You Don’t Have a Major Contribution Yet?
🔹 Document any influence your work has had – Even if you haven’t invented something revolutionary, show how your work has shaped your industry.
🔹 Strengthen expert testimonials – Get respected professionals to explain why your work is significant.
🔹 Highlight commercial or societal impact – If your work has led to increased revenue, cost savings, or public benefit, document it.
Bottom Line: You don’t need to be a Nobel Prize winner, but you do need to prove that your work has made a major impact in your field. The more evidence you have of its real-world influence, the stronger your EB1A case will be!
6. Authorship of Scholarly Articles in Professional or Major Trade Publications
Have you written research papers, industry articles, or technical publications? If so, this criterion could help strengthen your EB1A case!
What Counts as a Scholarly Article?
To qualify under this criterion, your articles must meet the following requirements:
✅ Published in professional or major trade journals – The article must appear in a reputable, peer-reviewed journal or widely recognized industry publication.
✅ Targeted at experts in your field – The content should be academic, technical, or analytical, intended for professionals, not the general public.
✅ Authored by you – You must be the primary author or a significant co-author.
Examples of Strong Publications
✔️ Peer-reviewed journal articles – Research papers published in journals like Nature, Science, IEEE Transactions, The Lancet, or JAMA
✔️ Conference proceedings – Papers presented at major international conferences such as NeurIPS (AI), ASCE (Engineering), or AIAA (Aerospace)
✔️ Trade journal articles – Contributions to respected industry publications like Harvard Business Review, IEEE Spectrum, or MIT Technology Review
✔️ Book chapters – Authored sections in technical or academic books published by recognized institutions
What Won’t Count?
❌ Blog posts or opinion pieces without academic rigor
❌ Articles in non-reputable, pay-to-publish journals (predatory journals)
❌ General news articles or press releases not targeted at experts
❌ Publications where your name is just listed but your contribution isn’t clear
How to Prove Your Articles Qualify
📌 Copies of the Published Articles – Provide PDFs or screenshots showing your name as an author.
📌 Journal or Conference Details – Show the publication’s reputation, impact factor, and audience reach.
📌 Citation Records – If your articles have been cited by others, provide Google Scholar or Scopus records as evidence.
📌 Peer Review Process – If applicable, provide documentation that your article was reviewed before publication.
What If You Haven’t Published Enough?
🔹 Submit your work to respected journals – If you have unpublished research, consider submitting it to a recognized publication.
🔹 Speak at conferences – Many international conferences publish proceedings that count as scholarly contributions.
🔹 Collaborate with experts – Join research teams to co-author studies in your field.
Bottom Line: If you have published high-quality, peer-reviewed work in reputable industry journals, this can be a strong factor for your EB1A petition. The key is proving that your work has contributed meaningfully to your field!
7. Display of Work in Artistic Exhibitions or Showcases
If your work has been publicly displayed in an exhibition, gallery, or major industry showcase, this criterion could be a strong addition to your EB1A petition. But not all displays count—let’s break down what USCIS is really looking for.
What Counts as a Qualifying Exhibition or Showcase?
To meet this criterion, your work must have been:
✅ Displayed in a recognized venue – This includes prestigious galleries, museums, trade expos, or professional conferences relevant to your field.
✅ Open to the public or industry experts – The exhibition should not be private or limited to a small local audience.
✅ Significant to your profession – The display should be meaningful in your field and indicate that your work is considered valuable by peers.
Examples of Strong Exhibitions or Showcases
✔️ Art exhibitions at major museums or galleries (e.g., The Louvre, The Museum of Modern Art, The Getty)
✔️ Scientific presentations at leading conferences (e.g., CES for technology, SIGGRAPH for computer graphics)
✔️ Architectural projects featured in design expos (e.g., Venice Architecture Biennale)
✔️ Fashion collections shown at high-profile events (e.g., New York Fashion Week)
✔️ Innovative products showcased at major industry trade fairs (e.g., Auto Expo for automobiles, Baselworld for watches)
What Won’t Count?
❌ Small local exhibitions with no industry significance
❌ Internal company presentations that were not open to the public
❌ Displays at non-reputable or informal venues (e.g., personal blogs or small-scale university showcases)
How to Prove Your Exhibition Qualifies
📌 Official Event Materials – Provide catalogs, brochures, or websites listing your name and work as part of the exhibition.
📌 Photographs & Videos – Visual evidence of your work being displayed at the venue.
📌 Media Coverage – Any news articles or reviews discussing your work’s inclusion in the event.
📌 Venue Reputation – Information on the prestige and industry recognition of the event or organization hosting the display.
What If You Haven’t Had Your Work Displayed?
🔹 Apply to exhibit at industry-relevant conferences and showcases – Many professional fields have events where experts can present their work.
🔹 Collaborate with industry leaders – If your work is part of a larger project, ensure it’s credited and documented when displayed.
🔹 Seek media features – If your work has been highlighted in a respected publication or online showcase, that can also help build your case.
Bottom Line: If your work has been featured in a well-regarded public or professional exhibition, this criterion can strongly support your EB1A case. The key is demonstrating that the event was significant in your industry and that your work was a central part of it.
8. Leading or Critical Role in Distinguished Organizations
Have you played a key role in a well-known company, research institution, or professional organization? If so, this criterion could significantly strengthen your EB1A petition—but not all roles qualify.
What Counts as a Leading or Critical Role?
To qualify under this criterion, you must show that your role was:
✅ Leading – You held a high-ranking position with decision-making authority (e.g., CEO, Director, Principal Investigator).
✅ Critical – Your contributions significantly impacted the organization’s success, even if you weren’t in a top executive position.
✅ For a Distinguished Organization – The company, research institution, or group must be well-known in your industry and have a strong reputation.
Examples of Strong Roles
✔️ Executive or leadership positions – CEO, CTO, VP, Director at a major company (Fortune 500, leading startups, multinational corporations)
✔️ Principal Investigator or Lead Researcher on major projects at top institutions (NASA, MIT, National Science Foundation, CERN)
✔️ Key Contributor in a Breakthrough Initiative – Led the development of a high-impact product, technology, or policy
✔️ Board Member or Advisory Role in an Influential Organization
What Won’t Count?
❌ Entry-level or mid-level positions without leadership responsibilities
❌ Roles that didn’t significantly contribute to the organization’s success
❌ Working for a small or unknown company without evidence of its impact
How to Prove Your Role Qualifies
📌 Employment Records & Contracts – Official documents showing your title and responsibilities.
📌 Letters from Supervisors or Industry Experts – Testimonials explaining how your role was crucial to the organization.
📌 Company Reputation Evidence – Media coverage, financial reports, or rankings that establish the organization’s distinguished status.
📌 Project Impact Documentation – Evidence of initiatives you led, such as product launches, patents, or key business milestones.
What If You Don’t Have a Leadership Role?
🔹 Highlight your impact on major projects – If you weren’t in a leadership position, show how your work was critical to the organization’s success.
🔹 Get recognition from experts – Letters from executives or respected professionals can validate your contributions.
🔹 Seek opportunities to take on high-impact roles – Becoming a team lead, advisory board member, or industry speaker can help strengthen this area.
Bottom Line: If you have held a leadership or critical role in a well-regarded organization, this can be a strong factor in your EB1A petition. Focus on proving the impact of your work and the reputation of the institution where you contributed.
9. Commanding a High Salary or Other Significantly High Remuneration
Earning a high salary is not just about making money—it’s a way to show that your expertise is valued above others in your field. But how high is “high enough” for EB1A? Let’s break it down.
What Counts as a High Salary or Remuneration?
To meet this criterion, your earnings must be:
✅ Significantly higher than others in your field – Your salary should be in the top tier compared to professionals with similar experience and job roles.
✅ Well-documented – You need official proof of earnings (not just an offer letter or self-reported income).
✅ For work in your area of extraordinary ability – The high salary must be tied to your achievements and expertise.
Examples of Strong Salary Evidence
✔️ Pay stubs, W-2 forms, or 1099 tax documents – Official income records for the past few years.
✔️ Employment contracts with high compensation – Signed agreements showing base salary, bonuses, or equity.
✔️ Industry salary comparisons – Reports from Glassdoor, Payscale, U.S. Bureau of Labor Statistics (BLS), or industry-specific surveys showing that your salary is well above average.
✔️ Bonuses, equity, or profit-sharing agreements – If your total remuneration includes stock options or performance-based pay, document their value.
What Won’t Count?
❌ Unverified income claims without supporting documents
❌ Standard salaries that don’t show distinction from others in the same field
❌ High earnings in an unrelated field (e.g., if you earned more from an investment or side business, but not from your extraordinary ability)
How to Prove Your Salary is “Significantly High”
📌 Official Salary Documentation – Pay stubs, tax forms, and employment contracts.
📌 Comparative Salary Data – Industry reports proving that your salary is above the 90th percentile for your profession.
📌 Company-Specific Justification – A letter from your employer explaining why your compensation is higher than the industry norm due to your extraordinary ability.
📌 Media or Public Records of High Salaries – If top earners in your field are publicly listed (e.g., executive salaries, famous athletes, or high-profile researchers), use this as a benchmark.
What If Your Salary Isn’t High Enough?
🔹 Include total compensation – If you receive stock options, bonuses, or royalties, factor those into your earnings.
🔹 Seek an employer letter – A well-documented justification from your company can help explain why you are compensated at a higher rate.
🔹 Focus on other EB1A criteria – If your salary is average, strengthen your case with awards, publications, or leadership roles.
Bottom Line: If you earn significantly more than others in your field, this criterion can add weight to your EB1A case. Just make sure you have solid documentation to prove it!
10. Commercial Success in the Performing Arts
Have your artistic performances, music, films, or creative works generated significant revenue or widespread recognition? If so, this criterion could be a strong asset in your EB1A case!
What Counts as Commercial Success?
To qualify under this criterion, your success must be:
✅ Financially measurable – Your work must have generated significant earnings, such as box office revenue, record sales, streaming royalties, or merchandise sales.
✅ Recognized in the industry – The success should be documented through sales reports, rankings, or media coverage.
✅ In the performing arts – This includes music, film, theater, dance, and other artistic fields where performance is central.
Examples of Strong Commercial Success
✔️ Box office revenue – If you’ve starred in or directed a film that grossed significant earnings, this can demonstrate success.
✔️ Music sales and streaming numbers – High album sales, Spotify streams, Billboard rankings, or iTunes chart performance can qualify.
✔️ Theater performances with high ticket sales – If your stage production has been a financial hit, this is strong evidence.
✔️ Television ratings – High viewership for shows you’ve worked on (as an actor, director, or producer) can support your claim.
What Won’t Count?
❌ Small-scale performances with no documented financial success
❌ Unverified claims of popularity without supporting evidence
❌ Artistic achievements outside of performing arts (e.g., visual art exhibitions would be better suited under the “Display of Work” criterion)
How to Prove Your Commercial Success
📌 Financial Records – Box office reports, music sales figures, streaming revenue, or royalty statements.
📌 Chart Rankings & Industry Reports – Billboard charts, iTunes rankings, Nielsen TV ratings, or other verified industry metrics.
📌 Media Coverage – Articles discussing your commercial success in major industry publications.
📌 Award Recognition for Sales – Platinum/gold records, best-selling book awards, or similar accolades.
What If You Haven’t Achieved Major Commercial Success?
🔹 Leverage online platforms – If your work is successful on YouTube, Spotify, or other digital platforms, document your streaming revenue.
🔹 Focus on other EB1A criteria – If your commercial success isn’t strong enough, highlight awards, leadership roles, or critical acclaim.
🔹 Get expert testimonials – Letters from industry professionals stating the impact of your work can help.
Bottom Line: If your performances, films, or music have earned significant financial success or widespread recognition, this is a strong EB1A criterion. Just be sure to back it up with solid evidence!
Final Merits Determination: Kazarian Analysis of Sustained Acclaim
Meeting three of the ten EB1A criteria is only the first hurdle. USCIS follows the framework established in Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), which introduced a two-step approach to evaluating extraordinary ability petitions. The second step—the Final Merits Determination—requires a deeper review to assess whether your overall record demonstrates that you are at the top of your field.
What is the Final Merits Test?
Under Kazarian, USCIS first determines whether the petitioner has met at least three EB1A criteria. However, this alone is not sufficient for approval. In the second step, USCIS conducts a qualitative assessment to determine:
✅ Sustained National or International Acclaim – Your achievements shouldn’t be one-time events; they should demonstrate long-term recognition in your field.
✅ That You Are One of the Few at the Top of Your Field – The evidence must show that you are not just accomplished, but among the best of the best in your area of expertise.
✅ That Your Work Has a Major Impact – USCIS wants to see that your contributions influence your industry beyond your employer or immediate circle.
Applying Kazarian to USCIS’s Review of Sustained Acclaim
The Kazarian decision clarified that USCIS should not impose extra requirements at the first step but should instead conduct a distinct final merits analysis. This means that even if you meet three criteria, USCIS will still examine:
🔹 Is your recognition ongoing? One-time awards or achievements are helpful, but there should be a track record of continued success.
🔹 Do experts and media continue to recognize your work? Are you still being cited, interviewed, or asked to judge competitions?
🔹 Has your work led to industry-wide change or adoption? Did your research, innovation, or artistic contributions influence your field?
🔹 Would losing you be a loss to your industry? If you stopped working tomorrow, would your absence be felt in your profession?
Ways to Strengthen Your Final Merits Review
To pass the second step of the Kazarian framework, you should
📌 Show a Timeline of Success – Provide evidence of continued achievements over the years, not just one standout moment.
📌 Highlight Ongoing Recognition – If your work is still being cited, used, or awarded, include recent media mentions, citations, or invitations to prestigious events.
📌 Provide Expert Testimonials – Letters from well-respected professionals affirming your sustained influence in the field.
📌 Document Global or National Impact – Show how your work has influenced policies, technologies, or best practices beyond your own organization.
Common Reasons for Denial at the Final Merits Stage
❌ Your success is limited to one company or region – Your impact should extend beyond your employer or a small geographic area.
❌ Your achievements are outdated or not ongoing – A major achievement from 10 years ago, without more recent accomplishments, may weaken your case.
❌ Your evidence lacks depth – Meeting three EB1A criteria with minimal proof may not be enough if your overall impact isn’t clear.
What If You’re Concerned About Final Merits?
🔹 Bolster Your Evidence – Strengthen the quality and quantity of supporting documents before submitting your petition.
🔹 Seek Additional Recognition – If your achievements are limited, consider pursuing new awards, speaking engagements, or publications to solidify your standing.
🔹 Work With Experts – Working with an immigration attorney familiar with Kazarian can help structure your petition effectively.
Bottom Line: Kazarian v. USCIS set the precedent for how USCIS applies the Final Merits Determination. Meeting three EB1A criteria does not guarantee approval—USCIS must be convinced that your achievements reflect sustained acclaim and that you are at the very top of your field. Strengthening this final stage of your case can make the difference between approval and denial.
Conclusion: Building a Strong EB1A Case for Success
The EB1A visa is one of the most challenging yet rewarding immigration pathways for individuals with extraordinary ability. While the process may seem overwhelming, breaking it down into clear steps—and understanding how USCIS evaluates each criterion—can make a huge difference in your chances of approval.
At this point, you know that:
✔️ You need to meet at least three out of the ten EB1A criteria.
✔️ Your evidence must be well-documented and demonstrate the significance of your achievements.
✔️ Even if you meet three criteria, you must still pass the Final Merits Determination, proving sustained acclaim and international or national recognition.
Key Takeaways for a Winning EB1A Petition
📌 Focus on your strongest EB1A criteria – Identify the three or more areas where you can provide the strongest evidence.
📌 Gather extensive documentation – USCIS relies on objective proof, so ensure your petition is backed by solid records, testimonials, and third-party recognition.
📌 Showcase your ongoing impact – Your work should not only be impressive but should also demonstrate continued influence in your field.
📌 Anticipate USCIS scrutiny – Be prepared to provide additional explanations and supporting documents if needed.
Final Thoughts: Is EB1A Right for You?
If you’ve made significant contributions in your industry and can prove it with strong evidence, the EB1A visa could be your fastest route to a U.S. green card. But if your case is borderline, don’t get discouraged—there are ways to strengthen your profile, such as increasing publications, joining selective organizations, or applying for industry-recognized awards.
Whether you’re ready to apply now or still building your case, the key is to approach the EB1A process strategically. Many successful applicants work with immigration attorneys or expert petition writers to refine their evidence and ensure their petition is airtight.
If you’re serious about pursuing EB1A, now is the time to evaluate your credentials, gather your documentation, and start preparing your petition. Your extraordinary ability deserves recognition—and if presented correctly, it can open the doors to permanent residency in the U.S. 🚀
FREE EB1A Attorney Case Evaluation
If you believe you have a strong EB1A case, the next step is to get a free attorney evaluation. Click here to access our free EB1A evaluation form!
Resources for EB1A Petitioners
Here are some essential resources to help you research, prepare, and submit a strong EB1A petition:
Official USCIS Information
📌 USCIS EB1A Overview
📌 Form I-140 (Immigrant Petition for Alien Worker)
📌 Processing Times for EB1A Cases
Legal and Petition Writing Assistance
Case Research & Success Stories
📌 EB1A Case Law & Precedents
📌 Trackitt – EB1A Case Processing Timelines & Discussions
📌 Reddit EB1A Discussion & Experiences
Evidence & Citation Tracking
📌 Google Scholar (Citations for Publications)
📌 Scopus (Academic Citation Index)
📌 Web of Science (Journal Impact Factor & Citations)
Salary & Industry Comparisons
📌 U.S. Bureau of Labor Statistics – Salary Data
📌 Glassdoor Salary Comparisons
📌 Payscale – Salary Benchmarks
Publication & Media Verification
📌 Ulrichsweb (Journal Verification Tool)
📌 Impact Factor Rankings for Scientific Journals
These resources will help you navigate the EB1A petition process, verify evidence, and strengthen your case with credible documentation. 🚀