Introduction: Meeting Three Criteria Isn’t Enough
Do you have professional awards, published articles, or a record of significant achievements? You might be considering an EB-1A extraordinary ability petition.
Here’s something important to know: meeting three EB-1A criteria does not automatically guarantee approval.
The Kazarian two-step analysis explains how U.S. Citizenship and Immigration Services (USCIS) evaluates your evidence, first against specific criteria and then as a whole.
Let’s break down what this means for your petition.
What Is the Kazarian Two-Step Analysis?
The framework comes from Kazarian v. USCIS (2010).
USCIS uses a two-stage review:
- Step 1:Does your evidence satisfy the applicable evidentiary criteria?
- Step 2:Does the evidence collectively demonstrate extraordinary ability?
You can read the official explanation in the USCIS Policy Manual.
Step 1: Meet the EB-1A Evidence Criteria
Generally, you must demonstrate either a major, internationally recognized one-time achievement or evidence satisfying at least three of the 10 regulatory criteria.
These criteria include:
- Nationally or internationally recognized awards.
- Membership in associations requiring outstanding achievements.
- Published material about you and your work.
- Judging the work of others.
- Original contributions of major significance.
- Scholarly authorship.
- Artistic exhibitions or showcases.
- Leading or critical roles for distinguished organizations.
- High salary or other significantly high remuneration.
- Commercial success in the performing arts.
See the full requirements in 8 CFR § 204.5(h).
Important: Not every achievement qualifies. For example, ordinary membership in a professional association may not satisfy the membership criterion. The association must require outstanding achievements judged by recognized national or international experts.
USCIS regulations also allow comparable evidence when the listed criteria do not readily apply to your occupation.
Step 2: The Final Merits Determination
This is where USCIS looks at the bigger picture.
Even if you satisfy three criteria, you must still demonstrate sustained national or international acclaim and recognition of your achievements in your field.
USCIS considers whether your overall record shows that you belong to the small percentage of individuals who have risen to the very top of their field.
For example, a technology professional might have published research, judged industry competitions, and received awards. Those achievements may satisfy several initial criteria, but USCIS will still assess what the evidence collectively demonstrates about the person’s standing in the field.
The takeaway? USCIS evaluates more than the number of criteria you meet. The significance of your achievements and the overall evidence matter too.
How Can You Prepare?
If you’re considering an EB-1A petition, these steps can help you organize your evidence:
- Identify your strongest criteria. Focus on the categories your documented achievements genuinely support.
- Explain your impact. Provide context showing why your work, recognition, or contributions matter.
- Include supporting evidence. Use relevant documentation and, where appropriate, independent recognition.
- Review the bigger picture. Check whether your entire record supports the extraordinary ability standard, not just the initial criteria.
For current requirements, consult the USCIS Policy Manual and federal regulations.
Frequently Asked Questions
1. What is the Kazarian two-step analysis?
It is the framework for reviewing EB-1A evidence: first, USCIS evaluates the applicable evidentiary criteria; second, it assesses whether the evidence as a whole establishes extraordinary ability.
2. Does meeting three criteria guarantee EB-1A approval?
No. You must also satisfy the final merits determination. Meeting the initial criteria alone does not establish eligibility.
3. Can USCIS deny a petition after finding that three criteria are met?
Yes. USCIS may conclude that the overall evidence does not demonstrate the required level of extraordinary ability and sustained acclaim.
4. Does the Kazarian analysis apply to EB-2 NIW?
The Kazariandecision concerns EB-1A. EB-2 NIW has a separate three-prong framework established in Matter of Dhanasar. USCIS also uses a two-step review for the underlying EB-2 exceptional-ability classification, but that is distinct from the NIW analysis.
See the USCIS Policy Manual on EB-2 classifications. the USCIS Policy Manual and federal regulations.
Final Thoughts: Think Beyond the Checklist
The key lesson is simple: meeting the criteria is only part of the EB-1A process. Your evidence must also demonstrate extraordinary ability when considered as a whole.
Understanding the Kazarian two-step analysis can help you identify gaps, organize your achievements, and prepare a clearer presentation of your professional record.
Need Help Exploring Your EB-1A Options?
At My Green Card Story, we help individuals explore employment-based immigration pathways and organize their documentation with greater clarity.
Book a consultation with My Green Card Story to discuss your circumstances and explore your options.
Disclaimer: My Green Card Story provides immigration consulting and educational information, not legal representation or legal advice. This article is for informational purposes only and does not guarantee an immigration outcome. Consider consulting a qualified U.S. immigration attorney for legal advice about your specific circumstances.
