Merit-based classification
EB-1A Extraordinary Ability
EB-1A requires sustained national or international acclaim. Absent a one-time major award, the petition must satisfy at least three of ten regulatory criteria at step one, after which USCIS conducts a final merits determination on the totality of the evidence at step two. The two-step structure is what makes EB-1A packets so large: the same exhibit often supports several criteria and then has to be re-argued in the final merits section.
Governing standard
Kazarian two-step review against ten regulatory criteria
8 CFR 204.5(h)(3); Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)
- Denial rate after RFE
- 26.9%
- Median processing
- 214 days
- Form
- I-140
- Initial RFE rate
- 28.4%
- Median exhibit pages
- 610
- Manual assembly
- 22 hrs
- On Docket Build
- 55 min
Statutory criteria
What the record has to establish.
Each element below is a mapped criterion in the Docket Build criteria pack, with its citation and the evidence types that satisfy it.
Criterion i — Lesser nationally or internationally recognised awards
8 CFR 204.5(h)(3)(i)
- Award certificates
- Award selection criteria and field of competition
- Press coverage of the award
Criterion ii — Membership requiring outstanding achievement
8 CFR 204.5(h)(3)(ii)
- Membership certificates
- Bylaws showing the achievement requirement
- Evidence of who judges admission
Criterion iii — Published material about the beneficiary
8 CFR 204.5(h)(3)(iii)
- Articles with title, date, author and translation
- Circulation or readership evidence for the outlet
Criterion iv — Judging the work of others
8 CFR 204.5(h)(3)(iv)
- Peer review invitations
- Completed review confirmations
- Panel or committee appointment letters
Criterion v — Original contributions of major significance
8 CFR 204.5(h)(3)(v)
- Independent expert letters
- Citation analysis
- Adoption, licensing or commercialisation evidence
Criterion vi — Scholarly articles
8 CFR 204.5(h)(3)(vi)
- Publication list
- Journal impact factors
- Authorship position analysis
Criterion vii — Artistic exhibitions or showcases
8 CFR 204.5(h)(3)(vii)
- Exhibition catalogues
- Venue significance evidence
Criterion viii — Leading or critical role
8 CFR 204.5(h)(3)(viii)
- Organisational charts
- Letters from organisation leadership
- Evidence of the organisation's distinguished reputation
Criterion ix — High remuneration
8 CFR 204.5(h)(3)(ix)
- Compensation records
- Comparative wage surveys for the field and geography
Criterion x — Commercial success in performing arts
8 CFR 204.5(h)(3)(x)
- Box office receipts
- Sales and streaming figures
Failure modes
What actually draws a request on a EB-1A.
Compiled from the request language our customers record on their own matters and from published AAO decisions in this classification.
Full RFE trends hub- Exhibits stacked under a criterion without argument on why they satisfy it
- Reliance on citation counts alone for original contributions of major significance
- Expert letters from co-authors or direct collaborators presented as independent
- No separate final merits determination section in the cover letter
- Media exhibits with no evidence of the outlet's circulation or significance
Document checklist
What a complete filing carries.
Full printable checklist →Identity and eligibility
Passport and I-94
Full travel history for status continuity
Curriculum vitae
Reconciled against every exhibit — dates and titles must match
Form I-140 draft
Preference category and priority date fields verified
Criteria evidence
Criterion evidence bundle (min. 3 criteria)
Each criterion tabbed as its own second-tier exhibit
Independent expert letters
Six to ten, with signed CVs as sub-exhibits
Citation and impact report
With capture date and self-citation exclusion stated
Media coverage with translationswhere applicable
Title, date, author and outlet significance for each
Final merits and intent
Statement of intent to continue work in the field
Signed by the beneficiary
Prospective work evidence
Offer letters, contracts, funding or business plan
Comparative eminence evidencewhere applicable
Where the beneficiary sits relative to the field
Also merit-based
Related classifications.
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