EB-1 Overview: When 'Extraordinary Ability' Might Apply

EB-1A is reserved for individuals with extraordinary ability who have risen to the very top of their field. It offers significant advantages but requires substantial evidence.

The Ten Criteria

You must meet at least three:

• Major awards or prizes
• Membership in associations requiring outstanding achievement
• Published material about you
• Judging the work of others
• Original contributions of major significance
• Scholarly articles
• Artistic exhibitions
• Leading role in distinguished organizations
• High salary
• Commercial success in performing arts

Quality Over Quantity

Meeting three criteria is the minimum. Strong cases show how the evidence demonstrates you're at the very top of your field.

The Two-Step Analysis (Kazarian Review)

USCIS adjudicates EB-1A cases in two steps. First, you must meet at least 3 of the 10 regulatory criteria (Awards, Membership, Press, Judging, Original Contributions, Authorship, Display, Leading Role, High Salary, Commercial Success).

However, meeting 3 criteria is not an automatic approval. The officer then conducts a "Final Merits Determination," asking: "Does the totality of the evidence show that the applicant is sustained national or international acclaim?" Many cases are denied here because the officer feels the applicant met the technical criteria but isn't truly at the "top of the field." Quality of evidence is paramount over quantity.

EB-1A vs. O-1 Visa

The criteria are nearly identical, but the standard of proof differs. O-1 is a "preponderance of evidence" standard often interpreted more liberally for non-immigrant work visas. EB-1A is for permanent residence and is scrutinized much more harshly. Having an approved O-1 helps show consistency, but it does not guarantee an EB-1A approval.

Reference Letters: Hierarchy of Value

Not all recommendation letters are equal. Letters from your own boss or colleagues are viewed as "subjective." The gold standard is the "Independent Letter"—detailed testimony from an expert in the field who has never worked with you but knows your work through its impact (citations, conference presentations, commercial use). These independent validations carry the most weight in the Final Merits Determination.

Evidence that Works vs. Fluff

Awards: Must be nationally recognized. "Employee of the Month" or "company-internal awards" count for zero. We need Nobels, Oscars, or major industry association awards (e.g., IEEE Field Medals).

Membership: Must require outstanding achievement for entry. Paying $100 to join the "American Society of Engineers" does not count. Being elected as a "Fellow" by a committee of peers does.

Press: Must be *about you* and your work. A press release you paid for on PRWeb is useless. An interview in the New York Times or an industry trade journal (like TechCrunch for engineers) where they discuss your specific contribution is gold.

The "Sustained Acclaim" Requirement

You cannot be a "one-hit wonder." USCIS looks for a career of sustained excellence. If your big award was 10 years ago and you've done nothing since, you will likely be denied. We generally need to show a cluster of achievements continuing into the present day.

Can I self-petition for EB-1A?

Yes. Unlike EB-1B (Outstanding Researchers) or EB-1C (Executives), the EB-1A allows you to file the I-140 yourself without an employer sponsor. You just need to show you intend to continue working in your field of expertise.

Is Premium Processing available?

Yes, EB-1A petitions are eligible for Premium Processing. You can receive a decision (Approval, Denial, or RFE) within 15 business days for an additional fee.

Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice, consult a licensed attorney.