An In-Depth Look at EB-1A Eligibility Criteria
The Employment-Based First Preference Extraordinary Ability (EB-1A) visa is reserved for individuals with extraordinary ability in science, art, education, business, or athletics. “Extraordinary ability” means having sustained national or international acclaim, which can be demonstrated by meeting three of ten criteria.
Navigating the complex criteria for an EB-1A visa can be a daunting task. The EB-1A visa is a highly sought-after classification for individuals with extraordinary ability in their field, but its requirements can be unclear and open to interpretation. Here, the experienced EB-1A visa team at Colombo & Hurd provides a detailed look at these criteria, providing insight into the nuances of each criterion. The insight considers the U.S. Citizenship and Immigration Services (USCIS) Policy Manual update from October of 2024, which clarified the types of evidence they will consider to determine eligibility for EB-1A.
Our analysis of the often-complicated criteria for EB-1A visas highlights key considerations and provides insight into the types of evidence that can be used to support a successful petition.
Evidence of Extraordinary Ability
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
The USCIS reviews awards to ensure that the basis for granting the prize or award was in fact excellence in the field. Certain factors play a part in their analysis, such as the criteria by which the award was granted, the significance of the award for the field, and details concerning the pool of competitors for the award or prize.
The USCIS also considers limitations on competitors when evaluating this criterion; however, there is no requirement that an award be open to all members of a field, including the most experienced. For example, an award only open to early-career professionals may be used to satisfy this criterion.
According to the October 2024 policy update, USCIS will consider the receipt of team awards under this criterion. If a petitioner is one of the recipients of a team award, this must be considered the same as if it was an individual award. However, the focus should remain on the petitioner’s receipt of the award, rather than the employer’s or another type of team leader’s receipt.
Examples under this criterion include, but are not limited to, certain doctoral dissertation awards, awards for presenting at nationally or internationally recognized conferences, or awards from well-known institutions or professional associations in the field of extraordinary ability.
Membership in associations in the field which demand outstanding achievement of their members as judged by recognized national or international experts in their disciplines or fields
The USCIS reviews memberships to ensure that they meet these requirements, paying close attention to the specific requirements to become a member of the association, the level of the membership, and whether the membership was granted by a panel of accomplished experts judging the petitioner to have the necessary achievements in their field.
For example, when considering the level of membership, USCIS will typically disregard general memberships in international organizations for various fields. However, if that same organization at a higher level requires evidence of accomplishments or significant, sustained contributions to the field, or if membership at that higher level is based on nominations by a panel of experts, the membership may be qualifying.
USCIS will not consider memberships that are granted solely on the number of years of experience in the field, payment or subscription to an association’s publications, or as a requirement for certain occupations.
In their October 2024 policy update, USCIS clarified that they will consider past memberships to meet this criterion. This is an important addition, as there are various reasons why a person may be unable to maintain a membership. For example, there may be high levels of fees or location requirements for various memberships, or memberships only open to members of academia or industry. If a petitioner met the requirements to join a qualifying membership at one point, as judged by recognized experts, they have been recognized as having extraordinary ability.
Examples under this criterion include, but are not limited to, memberships in professional associations in the field of extraordinary ability, fellowships with certain organizations or institutions, and other certain memberships.
Published material about the individual in professional or major trade publications or other major media relating to the person’s work in the field for which classification is sought
There are numerous considerations that the USCIS will take into account when reviewing this evidence, centering around the specific nature of the published material as well as that of the publication itself.
First, USCIS will determine if the published material is about the petitioner or their work in the field, rather than solely about the person’s employer and the employer’s work. The petitioner and their work need not be the sole focus of the published material, but there must be a substantial discussion of their work with their name mentioned in connection to this work. USCIS will then evaluate the publication itself to judge if it qualifies as a professional publication, major trade publication, or major media publication. Evidence proving the quality of the publication includes details on the audience circulation, readership, or viewership.
In their October 2024 policy update, USCIS revised the wording of this criterion to remove the requirement that “any materials the petitioner submits must demonstrate the value of the person’s work and contributions.” This is an important revision, as oftentimes work is done as part of a team and a person’s specific contributions may not be detailed. Furthermore, the petitioner does not get to control how the information about their work is presented by major media – that the work is covered by major media should be enough to prove its significance. This edit eases the standard for meeting the plain language requirements of this criterion.
Examples include newspaper articles, academic journal articles, books, online professional or major publications, and transcripts of professional or major audio or video coverage of the person and their work. Such evidence must include the title, date, and author of the material, and any necessary translation.
The individual’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought
In order to meet the plain language of this criterion, it is important to show that the review was actually completed. An invitation to judge the work of others in the same or allied field of specialization alone is not sufficient evidence. Evidence of invitation and proof of completion varies by type of review, and letters are often accepted to verify completion for one or more reviews as needed. Other acceptable evidence may include a copy of a journal’s review request along with documentation confirming the petitioner’s completion of the review.
Examples include, but are not limited to, performing peer review for a scholarly journal, peer review of abstracts or papers for presentations at scholarly conferences in the field, serving on a Ph.D. dissertation committee, or peer review for government research programs.
The individual’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
This criterion is one of the most open-ended criteria in terms of appropriate evidence for the EB-1A classification, and successful claims often involve a combination of several types of evidence, carefully chosen to highlight the major significance of the contributions in question.
This criterion involves two steps. First, USCIS will judge whether the person has made original contributions to the field, and second, whether they are of major significance.
Detailed testimonial letters from experts in the field explaining the petitioner’s contributions and their significance can offer valuable context for assessing claims of original contributions of major significance. This is especially true when supported by corroborating documentation. These letters should establish the writer’s position of expertise in the field, as well as specifically describe the petitioner’s original contribution and its significance.
Examples include published materials about the significance of the individual’s work, testimonials and letters about the person’s work, documentation that the individual’s work was cited at a level of major significance for the field (for researchers), significant commercial use of the individual’s work, or patents or licenses derived from the individual’s work.
The individual’s authorship of scholarly articles in professional or major trade publications or other major media
This criterion also has two steps.
First, the USCIS must determine whether the individual has authored the scholarly articles in the field, focusing on the fact that it must be a scholarly article, defined in the academic arena as reporting on original research, experiments, or philosophies, or that it should be “written for learned persons in that field.” Scholarly articles are usually peer-reviewed and should include footnotes, endnotes, or a bibliography. Published presentations from nationally or internationally recognized conferences also qualify as scholarly articles.
Second, the USCIS determines whether the publication is in fact a professional publication, a major trade publication, or a major media publication through examining several factors such as intended audience, circulation, and readership compared to other media outlets in the field.
Examples include publications in field-relevant peer-reviewed professional or academic journals and published conference presentations that were presented at nationally or internationally recognized conferences.
Evidence that the individual’s work has been displayed at artistic exhibitions or showcases
Again, this criterion has two steps involved.
First, the USCIS determines whether or not the work that is displayed is the individual’s work product. They then examine whether the venues where the individual’s work was displayed were in fact artistic exhibitions or showcases, relying upon the dictionary definition of “exhibition” as a public showing, and making clear that the plain language needs the exhibitions or showcases to be artistic in nature.
USCIS updated this criterion in October of 2024, clarifying that it is indeed reserved for artistic exhibitions – related evidence, such as presentations at conferences, may be used as comparable evidence.
Examples include museum displays, fashion shows, live performances, film festivals, and many other types of artistic performances and showcases.
The individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation
The analysis of this criterion also has two steps.
First, the USCIS determines whether the role was in fact a leading or critical role. For leading roles, the officer will review the evidence to see if it establishes a leadership role within the organization, while for a critical role, the officer will review the evidence to see if it demonstrates that the individual contributed in such a manner that was of significant importance to the organization or its activities. This analysis does not rely on the title of the role, but rather on the petitioner’s responsibilities and performance in that role. Testimonial letters from employers or co-workers with personal knowledge of the petitioner’s leading or critical role can be helpful here.
Second, the USCIS determines whether the organization or institution has a distinguished reputation, requiring evidence to demonstrate the reputation. This evidence may include information on an organization’s customer base, national rankings or receipt of government grants, or evidence of funding from government entities, venture capital funds, or angel investors for startup businesses.
Example roles include being a member of a key committee within a distinguished organization, a founder or co-founder of a startup business with a distinguished reputation, or a senior researcher or faculty member for a distinguished academic program, department, or company. Another example is holding a leading or critical role for a distinguished organization or a notable department within a company or institution, accompanied by a description from the director or other senior leadership of the organization or division.
The person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field
For this criterion, the USCIS requires evidence such as pay statements, tax returns, contracts, job offers, and objective comparative wage data that demonstrates that the individual either currently or has in the past earned a high salary compared to others in the field. It’s important to note that “has commanded” here refers to both current and future compensation. This criterion includes not only salaries already earned, but also prospective salaries or remuneration evidenced by credible contracts or job offers.
The USCIS has several considerations regarding the evidence provided, such as the occupation itself, the reliability of the objective data, the location and currency of the individual for the salary earned, and the salary rate being measured. The USCIS does not provide clear guidance on what constitutes a “high salary,” so a combination of several types of evidence may be useful to successfully claim this criterion.
Examples include tax returns, pay statements, contracts, job offer letters, and comparative wage data, such as information from the Bureau of Labor Statistics (BLS) Overview of BLS Wage Data by Area and Occupation webpage or the Department of Labor’s Career One Stop website.
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
For this criterion, it is not enough that the individual has merely released musical compilations, or that they have performed in a movie, on television, or in theatre productions. The individual must also have had such volume of sales or other commercial success to demonstrate that they have been successful relative to others engaged in the same field of performing arts.
Examples include box office receipts and receipts showing the volume of sales of theatrical productions or music releases.
Overall, the criteria for an EB-1A visa are often more nuanced and open-ended than they initially appear. By understanding the intricacies of each criterion and providing robust evidence to support a petition, individuals with extraordinary ability can increase their chances of a successful EB-1A visa application. If you’re considering applying for an EB-1A visa, our team of experienced immigration attorneys at Colombo & Hurd is here to guide you through the process and help you achieve your goals.
