How to Master EB1A Kazarian Rules and Strengthen Your Green Card Petition

The EB1A Kazarian Rules are a critical framework for professionals aiming to secure a U.S. green card through extraordinary ability. Originating from the Kazarian v. USCIS decision, these rules clarify how U.S. Citizenship and Immigration Services (USCIS) evaluates EB1A petitions. Unlike other visa categories, EB1A does not require a job offer, but applicants must convincingly demonstrate national or international acclaim in their field. Understanding and leveraging these rules is essential for applicants to present a compelling case that meets USCIS standards.

What Are the EB1A Kazarian Rules?  

The Kazarian Rules stem from the 2010 decision in Kazarian v. USCIS, which clarified how EB1A petitions should be evaluated. Before this case, some applicants assumed meeting three USCIS criteria guaranteed approval. Kazarian established a two-step evaluation process:

1. Meeting Evidentiary Criteria: USCIS provides ten criteria, such as awards, publications, or original contributions. Applicants must satisfy at least three.
2. Final Merits Determination: Simply meeting three criteria is not enough. USCIS conducts a holistic review to determine if your accomplishments truly demonstrate extraordinary ability.

This two-step approach emphasizes quality and impact over quantity, requiring applicants to show measurable influence in their field rather than merely checking boxes.

How USCIS Evaluates EB1A Applications Under Kazarian Rules  

USCIS evaluates EB1A petitions based on ten evidentiary criteria. Applicants should target three or more, prioritizing those with the strongest impact. Here’s a practical breakdown with actionable tips:

1. Awards and Recognitions: National or international awards validate extraordinary ability. Include high-profile awards with verifiable details.
2. Membership in Associations: Memberships requiring outstanding achievements highlight recognition by peers. Avoid memberships that are easily obtained.
3. Published Material About You: Media coverage or articles discussing your work demonstrate external acknowledgment. Include links or clippings from reputable sources.
4. Judging Others’ Work: Serving as a peer reviewer or judge shows your influence and authority in the field.
5. Original Contributions: Patents, inventions, research breakthroughs, or business innovations must be clearly documented. Highlight measurable impact.
6. Authorship of Scholarly Articles: Publications in high-impact journals or industry-leading outlets support your credibility. Include citations or download counts where possible.
7. Artistic Exhibitions or Performances: For creatives, national or international exhibitions, shows, or awards demonstrate recognition.
8. Leading/Critical Role in Organizations: Evidence of leadership or critical responsibility in distinguished organizations emphasizes your role’s significance.
9. High Salary or Remuneration: Salaries exceeding peers’ average can indicate extraordinary ability, especially in business or tech.
10. Commercial Success or Market Impact: Demonstrate measurable impact in your field, like revenue growth, product adoption, or market influence.

Practical tip: Prioritize criteria where verifiable evidence and measurable results exist. USCIS favors documented impact over self-reported claims.

Final Merits Determination: The Most Critical Stage of EB1A Review   

After determining whether an applicant satisfies at least three of the ten regulatory criteria, USCIS conducts a Final Merits Determination, as clarified in Kazarian v. USCIS. This second step is not optional — it is required under current USCIS policy guidance.

During the final merits review, USCIS evaluates the totality of the evidence to determine whether the petitioner has demonstrated:

• Sustained national or international acclaim;
• That their achievements have been recognized in the field of expertise; and
• That they are among the small percentage who have risen to the very top of their field.

What USCIS Looks For in Final Merits   

USCIS does not simply count evidence. Officers assess the quality, significance, and impact of the accomplishments presented. For example:

• An award must be nationally or internationally recognized — not merely local or routine.
• Publications must demonstrate influence, such as citations or industry impact.
• Leadership roles must be critical to distinguished organizations, not merely managerial titles.
• Original contributions must be of major significance in the field — not incremental improvements.

In other words, meeting three criteria establishes eligibility for further review, but final merits determines whether the evidence proves extraordinary ability at the required level.

Why Many EB1A Petitions Fail at This Stage    

A common misconception is that satisfying three criteria guarantees approval. However, USCIS policy (as reflected in the USCIS Policy Manual, Volume 6, Part F, Chapter 2) makes clear that final merits is a separate and substantive analysis.

Petitions often receive Requests for Evidence (RFEs) or denials when:

• Evidence lacks independent verification.
• Achievements are not shown to have broad impact.
• Contributions are not demonstrated to be of major significance.
• Documentation focuses on quantity instead of influence.

Strategic Approach to Final Merits 

To strengthen the final merits analysis:

• Tie each criterion to measurable national or international impact.
• Use independent, third-party evidence whenever possible.
• Demonstrate how your work changed, influenced, or advanced your field.
• Show sustained acclaim over time — not a one-time accomplishment.

Ultimately, the final merits determination asks one central question:

Does the total record prove this individual is truly among the small percentage at the very top of their field?

Your petition should be structured to answer that question clearly and convincingly.

Strategic Tips to Strengthen Your EB1A Case 

• Highlight high-impact achievements rather than numerous minor contributions.
• Use quantifiable evidence like citations, revenue, market share, or awards ranking.
• Maintain updated documentation of all achievements and media coverage.
• Use professional evaluation to assess strengths and gaps before filing.

Frequently Asked Questions (FAQ)

1. What is the Kazarian v. USCIS case about?
It clarified EB1A evaluation, establishing that applicants must meet criteria and demonstrate overall extraordinary ability in a final merits assessment.

2. How many USCIS criteria must I meet for EB1A?
At least three of the ten criteria, but USCIS also evaluates quality and impact in the final merits review.

3. Can EB1A applicants self-petition?
Yes, one of EB1A’s advantages is self-petitioning, requiring no employer sponsor.

4. Do recommendation letters matter under Kazarian Rules?
Absolutely; strong, specific letters demonstrating your influence and achievements are critical.

5. Is meeting three criteria enough to guarantee EB1A approval?
No. The final merits determination evaluates whether your achievements genuinely demonstrate extraordinary ability.

6. Can business professionals qualify without academic publications?
Yes, measurable business impact, leadership, awards, or commercial success can satisfy EB1A under Kazarian standards.

7. How can I reduce the risk of an RFE?
Present clear, verifiable, high-impact evidence and strong recommendation letters aligned with both criteria and final merits evaluation.

Conclusion

The EB1A Kazarian Rules are central to presenting a compelling case for extraordinary ability green cards. By focusing on high-impact achievements, credible evidence, and the USCIS final merits determination, applicants maximize their chances of approval.

At My Green Card Story, we help professionals assess their EB1A profiles realistically and strategically. Don’t leave your petition to chance — start preparing today to turn your extraordinary achievements into U.S. permanent residency.