EB-1A Complete Guide:
Requirements, Process, & Timeline

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Last update: October 10, 2025

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Defining the EB-1A Visa: Overview

The Employment-Based First Preference Extraordinary Ability (EB-1A) visa is an immigration pathway for individuals with extraordinary ability in science, art, education, business, or athletics.

To demonstrate this extraordinary ability:

Petitioners must have sustained national or international acclaim and their achievements must have been recognized in the field through documentation,
They must intend to enter the United States to continue to work in the area of extraordinary ability, and
Their entry into the United States must substantially benefit the United States in the future.

Proving that the individual has sustained national or international acclaim and that their achievements have been recognized in their field of expertise is the most complex aspect of the process, as the analysis has two steps – the first of which involves assessing whether the evidence meets regulatory criteria (covering at least 3 out of 10 criteria that are outlined by the U.S. Citizenship and Immigration Services (USCIS) in detail); and the second being the “Final Merits Determination”, where the officer will evaluate all the evidence together in the context of the high level of expertise required for this classification.

What Are the Benefits of the EB-1A?

The EB-1A visa category provides clear advantages for highly skilled individuals. There is no job offer or labor certification requirement, and the EB-1A is a direct path to a green card. In terms of employment, it is only necessary to prove intent to continue working in the field of extraordinary ability, and to show that the petitioner’s work will substantially benefit the United States in the future.

For the typical petitioner, they naturally fulfill these requirements by simply intending to continue their career in the manner they have previously done, just as a permanent resident in the United States.

Who Qualifies for the EB-1A Exceptional Ability Visa?

EB-1A Eligibility Overview

Individuals with extraordinary ability in science, art, education, business, or athletics qualify for this visa.

As outlined above: Petitioners must have sustained national or international acclaim and their achievements must have been recognized in the field through documentation; they must intend to enter the United States to continue to work in the area of extraordinary ability; and their entry into the United States must substantially benefit the United States in the future.

For the first analysis, sustained national or international acclaim and recognition in the field, the Petitioner must submit evidence of a one-time achievement (major internationally-recognized award); or evidence covering a minimum of 3 out of the 10 criteria outlined by the U.S. Citizenship and Immigration Services (USCIS).

The USCIS Policy Manual states that in determining if the Petitioner’s acclaim has been “sustained,” the officer should consider that such acclaim must be maintained, but the term does not imply an age limit on the beneficiary. Therefore, a beneficiary may be very young or early in his or her career and still be able to show sustained acclaim.

For the second analysis, evidence to show intention to continue to work in the area of extraordinary ability could include a sworn affidavit confirming this intention, and objective evidence when possible, such as the schedule of the person’s upcoming work commitments and professional obligations in the United States; contracts for services to be performed; or recommendation letters from U.S. business owners confirming future engagements.

EB-1A Criteria (Extraordinary Ability Standards)

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

Examples 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. Team awards are accepted as well, provided the person is one of the recipients of the awards.

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 national or international significance of the award for the field, and details concerning the pool of competitors for the award or prize.

Therefore, it is important to add evidence of these factors when possible: letters from the organizations, objective information about the prize or awards, rules for granting the awards, any publication with details about the contestants, among others.

For the specific case of a client, a Public Health Innovator, we included prestigious national and global recognitions, supported by independent expert letters that emphasized their selectivity and importance of said recognitions.

Evidence of your membership in associations in the field which demand outstanding achievement of their members

This includes, but is not limited to, memberships in professional associations in the field of extraordinary ability, fellowships with certain organizations or institutions, and other certain memberships.

As per the language used, you must show that membership in the association requires outstanding achievements in the field for which classification is sought, as judged by recognized national or international experts. The USCIS will review 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.

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.

Evidence to comply with this criterion may include letters from the organization confirming the Petitioner’s membership and explaining the requirements for such membership, certificates from the organization, any regulation for the membership, among others.

In the specific case of an expert in physical education and sports science where USCIS questioned this criterion, we provided bylaws and leadership letters showing that honorary membership in a global federation required decades of contributions and international recognition.

Evidence of published material about you in professional or major trade publications or other major media

Such evidence must include the title, date, and author of the material, and any necessary translation. 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.

There are numerous considerations that the USCIS will take into account when reviewing this evidence, centering around the specific nature of the presented material as well as that of the publication itself.

The officer will evaluate whether the published material was related to the Petitioner and their specific work in the field for which classification is sought. USCIS Policy Manual clarifies that the publication may cover a topic broader than the Petitioner’s work, but includes a substantial discussion of the person’s work in the field and mentions the person in connection to the work. The publication may focus on work being undertaken by a team of which the Petitioner is a member, provided that it mentions the person in connection with the work.

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.

USCIS will then determine whether the publication qualifies as a professional publication, major trade publication, or major media publication. Relevant factors include the intended audience (for professional and major trade publications) and the relative circulation, readership, or viewership (for major trade publications and other major media). Thus, when possible, the Petitioner must include evidence to support these factors as proof of the publications being of major trade or other major media.

Evidence that you have been asked to judge the work of others, either individually or on a panel

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, or peer review for government research programs.

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.

Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

This criterion involves two steps: first, whether the person has made original contributions to the field, and second, whether they are of major significance. The original contributions of major significance 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.

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. If a patent remains pending, USCIS generally requires additional supporting evidence to document the originality of the person’s contribution, such as detailed reference letters.

For a specific case of an event producer, we highlighted evidence of the client’s work and its recognition, as well as the substantial economic impact he made through organizing premier events, and independent recommendation letters attesting to the client’s unique contributions to entertainment and cultural event production. The team cited precedent case law (Buletini v. INS) to strengthen their argument that these testimonials satisfied the criterion for original contributions of major significance.

Another example, in a case of a business development expert, the client gathered expert letters that highlighted innovative investment models and financial tools that attracted international capital and created new jobs.

For this criterion, it is essential to highlight the impact of the person’s work beyond the institutions they have been affiliated with, to help the officer understand how they meet the requirement.

Evidence of your 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, either by the academic definition, or that it should be “written for learned persons in that field.” (“Learned” is defined as “having profound knowledge gained by study”).
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 the intended audience (for professional journals) and the circulation or readership.

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 your work has been displayed at artistic exhibitions or showcases

Again, this criterion has two steps involved. First, the USCIS determines if the work 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 and making clear that the plain language needs the exhibitions or showcases to be artistic in nature. However, USCIS considers non-artistic exhibitions or showcases as part of a properly supported claim of comparable evidence, discussed in more detail below.

Examples include museum displays, fashion shows, live performances, film festivals, and many other types of artistic performances and showcases.

Evidence of your performance of a leading or critical role in distinguished organizations

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;

For critical roles, 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. The USCIS Policy Manual clarifies that it is not the title of the person’s role, but rather the person’s performance in the role that determines whether the role is (or was) critical.

Second, the USCIS determines whether the organization or institution has a distinguished reputation, requiring evidence to demonstrate the reputation.

Some 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.

Regarding evidence, letters from persons with personal knowledge of the significance of the person’s leading or critical role can be particularly helpful provided the letters contain detailed and probative information that specifically addresses how the person’s role for the organization, establishment, division, or department was leading or critical.

For our client, an expert in physical education and sports science, we consolidated opinions from university officials, coaches, and independent professionals, proving his leadership was essential to the success of programs at distinguished institutions worldwide.

For a different client, a business development expert, we included letters from employers and institutional records that confirmed his leadership and its impact in shaping major organizations and advancing national economies.

In another case in which the client was a self-employed event producer, we included background information about the client’s company, detailing its philosophy, talent management standards, and client roster in the music industry. The team emphasized that as founder, owner, legal representative, and general manager, the client plays a critical role in an organization that has earned distinction by organizing large-scale events featuring renowned Latin music artists at iconic venues.

Evidence that you command a high salary or other significantly high remuneration 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, 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. The USCIS Policy Manual also includes as example a credible contract or job offer showing prospective salary or remuneration as acceptable evidence for this criterion.

The USCIS has several considerations regarding the data provided, such as the description of 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.

For entrepreneurs or founders of startup businesses, officers consider evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders in evaluating the credibility of submitted contracts, job offer letters, or other evidence of prospective salary or remuneration for services.

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.

Evidence of your commercial successes in the performing arts

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.

Comparable evidence: Comparable evidence to establish the person's eligibility if the standards do not readily apply to the person's occupation

The USCIS Policy Manual considers ‘comparable evidence’, and states that the Officer will determine if the evidence submitted is comparable to the evidence required. This way, they are providing petitioners the opportunity to submit comparable evidence to establish the person’s eligibility, if it is determined that the evidentiary criteria described in the regulations do not readily apply to the person’s occupation.

The officer will evaluate whether the regulatory criteria are readily applicable to the person’s occupation and, if not, whether the evidence provided is truly comparable to the criteria listed in that regulation.

Although officers do not consider comparable evidence where a particular criterion is readily applicable to the person’s occupation, a criterion need not be entirely inapplicable to the person’s occupation. Rather, the officer considers comparable evidence if the petitioner shows that a criterion is not easily applicable to the person’s job or profession.

In these cases, context is everything. It’s not enough to present an award—we must explain its significance: Is it national or international? How competitive was it? Who granted it, and under what criteria? The same applies to claimed contributions. For instance, for clients pursuing creative endeavors and entertainment immigration pathways we need to show how a production was conceived, what made it original, what measurable or qualitative impact it had, and why it matters within the petitioner’s field. Each piece of evidence must be anchored in a story that USCIS can understand, and that story is built through meticulous context.

Regarding EB-1A case building, Jason Qiu, Attorney at Colombo & Hurd, explains: “Typically, the challenge is not to state the client’s long list of accomplishments, accolades, and experience, but to underscore the impact of their extraordinary career by translating the wealth of available evidence into compelling terms for this officer.” It is not just about the evidence the Petitioner has, but how it is presented and explained to the officer.

Our role as attorneys is to bridge that gap: to translate creative accomplishments into legal arguments, and to anticipate where USCIS might overlook or misunderstand their value.

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Final Merits Determination (Kazarian v. USCIS Framework)

Kazarian v. USCIS is the precedent case for EB-1A adjudication. This case established the two-part adjudication approach under which the USCIS officer must first determine if the petitioner has satisfied at least three of the 10 criteria (or has evidence of a one-time achievement) and therefore meets the regulatory criteria, and then makes a final merits determination.

Final merits determination is the second step of the adjudication process, in which the USCIS officer considers the petition in its entirety to determine eligibility. The adjudicating officer uses the “preponderance of the evidence” standard to determine if the petitioner has risen to the very top of their field of endeavor – meaning, they determine if it is “probably true” or “more likely than not” that the person is at the top of their field.

When making their final merits determination, USCIS officers cannot limit their consideration to certain types of evidence that they personally may expect to receive and that they expect petitioners for the EB-1A category to provide. For example, an officer may expect a person with extraordinary ability to have authored scholarly articles. However, if the petitioner has submitted other evidence to meet three different qualifying criteria, the lack of evidence addressing an expected criteria cannot form the basis of the denial of the petition – adjudications of petitions are based on the type and quality of the evidence submitted as a whole, rather than any individual officer’s assumptions about the failure to include evidence for a preferred criterion.

Still, USCIS applies a high bar when it comes to their final merits determination. They will consider all relevant evidence submitted with the petition, including evidence that did not fit the regulatory criteria or was not presented as comparable evidence, to determine if the petitioner is among the small percentage at the top of the field and has sustained national or international acclaim. All evidence will be reviewed together in totality, allowing individual pieces of evidence that may not be compelling on their own to gain persuasive power when viewed in conjunction with other evidence presented in support of the petition. This approach provides the officer with greater discretion compared to the first step of the EB-1A extraordinary ability analysis.

The quality of the submitted evidence also significantly impacts the approval or denial of a petition. For example, certain criterion such as “scholarly articles’ may be easy to prove by plain language and granted by the officer for the first step of the analysis as the criterion does not specify a number of published articles necessary or require that they be in highly ranked publications. However, at the final merits determination stage, the quality, number, ranking, and presentation of the articles and their respective publication venues will be considered, alongside all evidence provided as part of the petition. The final merits determination is accordingly a careful analysis by the officer and allows for considerably more discretion on how they value each piece of evidence when compared to the first step. The officer must come to the conclusion that the totality of the evidence demonstrates that the petitioner is among the small percentage at the top of the field and has sustained national or international acclaim and is thus extraordinary for the purposes of the EB-1A analysis.

To successfully meet USCIS’s high bar for EB-1A approval, petitioners must submit clear and concise explanations of how each piece of evidence meets the relevant criteria, provide quality evidence that demonstrates sustained national or international acclaim, and highlight achievements and qualifications that set one apart from others in the field. Finally, petitioners must make sure to paint a cohesive and comprehensive picture for the final merits determination by the officer.

EB-1A vs. Other Categories

Choosing to pursue an EB-1A visa requires careful consideration. For individuals with exceptional abilities, advanced degrees, or outstanding achievements, several visa options are available. The EB-1A, EB-1B, EB-2, and O-1 visa categories are viable options for highly skilled individuals to live and work in the United States.

The following chart compares the eligibility criteria, requirements, and self-petitioning options for each of these visa categories: 

Visa Category	Eligibility Criteria	Requirements	Self-Petitioning Allowed	Path to Permanent Residency
EB-1A	Extraordinary ability in sciences, arts, education, business, or athletics	No labor certification required; must have received a major internationally recognized award or meet 3 of 10 regulatory criteria	Yes	Direct path to permanent residency; eligible to file I-140 and I-485 concurrently
EB-1B	Outstanding professors and researchers	Must have international recognition; at least 3 years of experience; and a tenure-track position or equivalent	No	Direct path to permanent residency; eligible to file I-140 and I-485 concurrently
EB-2	Advanced degree holders or exceptional ability	Must have an advanced degree; or exceptional ability in sciences, arts, or business; labor certification required	No	Path to permanent residency available after labor certification and I-140 approval; eligible to file I-485 after I-140 approval
EB-2 NIW	Advanced degree holders or exceptional ability seeking a national interest waiver (NIW)	Must demonstrate that their work is in the national interest; labor certification requirement waived	Yes	Direct path to permanent residency
O-1	Extraordinary ability in sciences, arts, education, business, or athletics	Must have achieved national or international recognition; must meet 3 of 6 (for O-1B) or 3 of 8 (for O-1A) regulatory criteria	No; separate legal entities owned by the beneficiary can file on their behalf	No direct path to permanent residency; must file a separate I-140 petition under an employment-based category (e.g. EB-1A, EB-1B, EB-2) to pursue permanent residency

You may notice that the requirements for O-1 and EB-1A are quite similar. Because the O-1 is a temporary, non-immigrant visa, while EB-1A is a direct path to permanent residency, individuals may choose to use the EB-1A pathway to transition from an O-1 visa to a green card. Although the requirements are similar, you do not automatically qualify for an EB-1A if you have an O-1 visa. The EB-1A has significantly higher standards in practice overall, despite having similar language for many of the requirements. However, the prior approval of an O-1 petition can be a good indicator of eligibility for EB-1A. 

Selecting the right visa category is a crucial step in the immigration process. You should carefully consider your background, your employment plans and short-term and long-term career goals, and your need for permanent residency to choose the right visa category for your situation. Notably, the EB-1A category has historically been current or near-current for many countries, making it one of the most viable options for obtaining a green card in a relatively short period. In fact, for many individuals, EB-1A may be the only realistic option for securing a green card anytime soon, given the significant backlogs in other employment-based categories like EB-2. 

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Case Studies: Successful EB-1A Petitions in 2025

Our firm has successfully obtained EB-1A visa approvals for a wide range of professionals across diverse industries, including science, healthcare, technology, business, and the arts. Each case represents a unique journey of excellence, showing how individuals with exceptional achievements can meet the rigorous standards of the EB-1A category. The following case studies illustrate the versatility of the EB-1A visa program, demonstrating how extraordinary ability can be established through innovation, leadership, and impactful contributions in many different fields.

Public Health Innovator From Zimbabwe Secures an EB1A Approval

One such success story features a Public Health Innovator from Zimbabwe, whose groundbreaking work transformed healthcare delivery in resource-limited settings. Beginning as the only physician serving over 140,000 people, he developed an outreach model that brought HIV treatment directly to rural villages, expanding access to life-saving care. His innovations grew from a local initiative to a national system that influenced global health policy. With decades of impact as a clinician, researcher, and leader, he earned recognition for developing digital health platforms, leading financing reforms, and shaping international guidelines. His EB-1A approval recognized his extraordinary record of originality, leadership, and global significance, allowing him to continue advancing equitable, technology-driven healthcare solutions in the United States.

EB-1A Approval for Colombian Metabolic Disease Research

Another successful EB-1A approval involved a Colombian Endocrinologist and Metabolic Disease Researcher, whose pioneering work in diagnosing and treating conditions such as diabetes, obesity, and other metabolic disorders earned him international recognition. With numerous peer-reviewed publications, original scientific contributions, and memberships in selective professional associations, he demonstrated sustained achievement at the top of his field. His innovations have advanced both academic and clinical practices, and his impact has been honored in Colombia with a commemorative sculpture celebrating his contributions to medicine. This EB-1A approval highlights how exceptional scientific accomplishments and continued collaboration with U.S. institutions can meet the standards of extraordinary ability, allowing him to further research that uses technology and analytics to improve treatment for metabolic diseases.

EB-1A Approval Case Study: Sports Coach Extraordinary Ability

Another example of EB-1A success is that of a Sports Coach from Spain, whose career has combined education, research, and athletic leadership to promote inclusion and excellence in sports. Over nearly three decades, he has built an international reputation as an educator, coach, and innovator, creating inclusive sports programs, authoring award-winning books, and developing software tools to support children with disabilities. Through extensive documentation of his achievements, including prestigious memberships, published material, and leadership roles, he successfully demonstrated that his work met the rigorous EB-1A standards. His approval in June 2025 recognized him as a leader in his field and enables him to continue expanding inclusive athletic programs and mentorship opportunities for young athletes in the United States.

EB-1A for Colombian Event Producer in Entertainment Immigration Case

Another success story features a Colombian Event Producer who achieved EB-1A approval for extraordinary ability in the field of entertainment and cultural event production. With a portfolio that includes international music festivals, cultural celebrations, and large-scale live events, the client demonstrated exceptional leadership and influence within the industry. The petition highlighted his recognition from the United States Congress for promoting cultural exchange, the commercial success of events that attracted tens of thousands of attendees, and his leadership in a distinguished event production company. The approval confirmed his standing among the small percentage at the top of his field and allows him to continue producing impactful events that celebrate Latin American culture and strengthen cultural ties within the United States.

How to Apply for the EB-1A Visa

Before beginning the EB-1A visa process, review the visa requirements, ensure that you potentially meet eligibility criteria, and consult an EB-1A immigration attorney. 

To apply for an EB-1A, the petitioner files Form I-140, Immigrant Petition for Alien Worker, with USCIS, along with the evidence showing they have extraordinary ability in their field, they intend to continue their work in the U.S. in their area of extraordinary ability, and their presence in the U.S. will substantially benefit the country. 

The EB-1A visa classification is unique among visa categories under EB-1, as only EB-1A allows self-petitioning. Because the EB-1A petition does not need to be supported by a job offer, it can be filed by the beneficiary, in this case, the petitioner themselves. You may apply for yourself by filing Form I-140. 

Premium processing is also available for EB-1A petitions – with premium processing, your petition’s processing time will be shortened to 15 calendar days. After those 15 calendar days, the USCIS will either approve the petition or issue a Request for Evidence (RFE).  

Once the I-140 petition is filed, petitioners must wait for it to be reviewed and approved by USCIS. If the Petitioner is in the United States, they may be able to concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status, with Form I-140. Otherwise, after I-140 approval, petitioners apply for a green card with either an Adjustment of Status (if they are currently in the United States) via filing Form I-485, or Consular Processing (if they are abroad).  

If approved, you will receive an EB-1A green card and become a permanent resident of the United States. 

Common Challenges in EB-1A Petitions

USCIS adheres to high standards when adjudicating EB-1A visa petitions. The EB-1A category is very competitive, but by being aware of common challenges and taking steps to address them, petitioners can increase their chances of a successful EB-1A visa application. 

Common obstacles can arise at any point during the EB-1A visa application process.  

First, you need to ensure that your petition meets at least three regulatory criteria, and that the evidence in totality will pass the final merits determination. Meeting the plain language requirements of three criteria is just the first step; the USCIS officer will also assess the overall strength of the evidence to determine whether it warrants approval. Many petitioners successfully demonstrate that they meet individual criteria, but ultimately fall short in the final merits determination. This is because the USCIS officer has significant discretion in evaluating the petition, considering the evidence as a whole to determine whether it presents a compelling case for approval. A well-crafted, explanatory petition is essential to successfully navigate this subjective evaluation process. 

Common challenges also occur at the individual criterion level.  

For instance, to meet the “membership” criterion, petitioners need to ensure that not only is the membership valid, but that the membership itself required outstanding achievement and that the membership was only granted after the judgment of national or international experts. If that is not sufficiently proven, or if the membership itself does not meet the various considerations outlined by the USCIS, it can result in the USCIS not considering the criterion met.  

Another common challenge is regarding the “judge of work of others” criterion – the USCIS requires that not only should the evidence show that a person was invited to judge, but also that the person actually completed the judging. With insufficient or absent evidence to this regard, the USCIS will consider the plain-language definition for this criterion to not be met. Often, the USCIS will challenge whether each part of a criterion has been successfully fulfilled if the required evidence is absent or not high quality. 

Common challenges can also occur even before filing.  

While the EB-1A criteria may seem limited at first, it is actually broader than at first glance. For instance, petitioners may fail to include relevant and pertinent evidence such as media coverage that could have allowed them to claim the “published material” coverage criterion or bolster their final merits determination analysis. Similarly, petitioners may not think that their experience substantiates a “leading or critical role for a distinguished organization or institution” criterion and fail to claim that criterion, or, if they are aware of it, fail to provide the necessary letters from relevant individuals to make the claim successfully.  

The presentation and discussion of evidence also play a crucial role in a successful petition. For example, a research-based petitioner who fails to emphasize the significance of their citation record in demonstrating original contributions of major significance may leave their petition vulnerable to challenge.

It is essential for petitioners to not only present relevant evidence but also to clearly explain its value and significance, as the USCIS officer will not automatically recognize the strength of the evidence. The petitioner must proactively highlight the importance of each piece of evidence and demonstrate how it supports their claims, providing a clear and compelling narrative that showcases their qualifications and achievements. 

Lastly, petitioners can claim too many or too little criteria. There is a delicate balance on a case-by-case basis as to the criteria to be claimed and the evidence to be presented. Attempting to claim criteria that are not well-supported by evidence can weaken an EB-1A petition, while seeking to claim only the minimum three criteria, without ensuring that the selected criteria in combination would pass final merits determination for a reasonable officer, can also cause challenges. Thus, careful evidence collection, analysis, and selection is essential to a successful EB-1A petition. 

Our team at Colombo & Hurd can help you prepare a strong petition by providing guidance on collecting and organizing evidence and presenting a clear and concise narrative that highlights your achievements and qualifications. 

EB-1A Policy Trends in 2025

In 2025, EB-1A petitions are being shaped by broader shifts in USCIS adjudication practices that affect all self-petitioned categories. While EB-1A petitions remain comparatively strong, three key trends are influencing how officers review evidence and issue Requests for Evidence (RFEs):

1. Heightened Focus on National Importance

Although the “national importance” analysis formally applies to NIW petitions, the increased scrutiny in this area has had a spillover effect on EB-1A cases. Officers now expect petitioners to show not only extraordinary ability, but also the broader relevance of their work to U.S. interests. In practice, this means EB-1A petitions benefit from including:

Quantifiable outcomes and measurable impact of the petitioner’s work.

Clear connections between individual achievements and wider national or industry benefits.

Evidence demonstrating how the petitioner’s methods or contributions differ from standard practices in the United States.

This expanded emphasis underscores the importance of documenting not just recognition of achievements, but also their concrete influence at the national level.

2. Declining Quality of RFEs

A concerning development in 2025 is the declining quality of USCIS RFEs across self-petitioned categories. Many RFEs overlook evidence already submitted; apply standards from unrelated visa categories; contain factual inaccuracies, inconsistencies, or even grammatical errors; and insist on independent documentary evidence, at times undervaluing expert letters.

This decline in quality may reflect internal training or staffing challenges at USCIS. For petitioners, it means preparing cases with an assumption that adjudicators may misinterpret or overlook evidence, making clarity and redundancy in documentation critical.

3. Continued Scrutiny of Self-Petitioned Cases

Self-petitioned categories remain under heightened scrutiny. Interestingly, 2025 has seen a shift: EB-2 NIW petitions now face a higher denial rate than EB-1A petitions, reversing historical patterns. While EB-1A remains demanding, this trend suggests that well-prepared EB-1A petitions may stand a stronger chance of approval relative to NIWs.

Given these trends, EB-1A petitioners should adopt a proactive and comprehensive approach. This includes submitting all possible documentation upfront, including detailed personal statements, expert recommendation letters (prioritizing independent U.S. experts), and contextual evidence explaining international achievements and U.S. relevance. In addition, you should emphasize quantifiable results, technological or economic benefits, and independent validation (citations, adoption, implementation). Last but not least, you should anticipate potential weaknesses by documenting U.S. interest in the petitioner’s work (letters, agreements, partnerships) and providing evidence of both past accomplishments and future contributions.

By addressing these evolving adjudication patterns, EB-1A petitioners can strengthen their cases and mitigate the risk of inconsistent or low-quality RFEs.

Strategic Considerations for EB-1A Under the Trump Administration

The EB-1A remains an attractive visa pathway for those who qualify, but the current landscape requires careful preparation and foresight. As the attorneys at Colombo & Hurd emphasize, successfully meeting the eligibility criteria depends on how evidence is selected, presented, and aligned with long-term immigration goals.

One important factor is precision. Many successful petitions focus on three or four criteria that are most clearly met, presenting them with strong documentation and clarity to withstand close review during the final merits determination.

Another effective approach involves using compensation as evidence. Demonstrating earnings that stand out compared with peers in the field can be persuasive in establishing that the individual’s achievements are exceptional.

EB-1A should also be viewed as part of a broader immigration plan. Officers frequently see applicants pursue multiple filings, and strategies that combine EB-1A with other options, such as EB-2 NIW or O-1, can provide greater flexibility and help safeguard long-term immigration goals.

Original contributions of major significance also remain one of the most compelling forms of evidence. Showing that work is novel, impactful, and recognized by others in the field strengthens a petition significantly. Given ongoing changes in demand, petitioners may also benefit from filing earlier to secure a priority date.

Together, these considerations illustrate the importance of careful planning and foresight when pursuing EB-1A, particularly under the Trump Administration. For a deeper analysis, attorneys Roshn Vazhel, Allison McVey, Mandy Nease, and Anthony S. DeLucia share their insights on strategic considerations for EB-1A under the Trump Administration.

Next Steps for Pursuing an EB-1A

The EB-1A visa offers a unique opportunity for individuals with extraordinary abilities to live and work in the United States. By understanding the eligibility criteria, application process, and common challenges, petitioners can increase their chances of a successful petition. Whether you’re a researcher, artist, athlete, or business professional, the EB-1A visa can provide a direct path to permanent residency and a new chapter in your career.

With careful planning, preparation, and guidance from experienced immigration professionals, you can navigate the EB-1A visa application process and achieve your goals in the United States. We can provide sound guidance regarding the EB-1A process and information to help avoid foreseeable legal issues.