The 10
EB-1A
Criteria
USCIS requires satisfaction of at least 3 of 10 regulatory criteria — then applies a holistic “final merits determination” to confirm the petitioner has risen to the very top of their field. Understanding what counts — and what doesn’t — is essential to a winning petition.
Step 1: Meet at least 3 criteria. Step 2: Final merits — does the totality of evidence show you are among the small percentage at the top of the field?
Click Each Criterion to See Evidence Standards
Which Criteria Apply to Your Field?
While all 10 criteria are available to any petitioner, certain criteria are structurally more accessible depending on your profession.
Researchers & Scientists
Primary Criteria
- C4 — Peer review
- C5 — Original contributions
- C6 — Scholarly articles
Supporting Criteria
- C1 — NSF/NIH awards
- C2 — Academy fellowship
- C8 — PI / leading role
Citation analysis is crucial. Aim to document impact in the top 10–15% of the field with independent expert letters confirming scientific significance.
Artists & Performers
Primary Criteria
- C3 — Media coverage
- C7 — Exhibitions / performances
- C8 — Critical role in company
Supporting Criteria
- C1 — Major awards
- C10 — Commercial success
- C4 — Judging competitions
Emphasize the distinction of venues and the rigor of selection. Document critical reviews from recognized arts critics alongside institutional recognition.
Business & Technology
Primary Criteria
- C8 — Leading role in company
- C5 — Original contributions (patents)
- C9 — High salary
Supporting Criteria
- C1 — Industry awards
- C3 — Media coverage
- C2 — Board memberships
Business leaders often rely on a combination of press coverage, leadership roles, and salary data. Patents with commercial traction are particularly powerful for tech professionals.
The Final Merits Determination
Meeting 3 criteria is necessary but not sufficient. After the threshold is met, USCIS applies a “final merits determination” — a holistic analysis of whether the totality of evidence demonstrates extraordinary ability at the top of the field.
This standard was articulated in Kazarian v. USCIS (9th Cir. 2010) and subsequently adopted by USCIS nationwide. A petition that mechanically checks three boxes without a compelling holistic narrative will often fail this step.
“The final merits determination considers all the evidence together to evaluate whether the petitioner has achieved extraordinary ability as defined in the statute.”
— USCIS Policy Manual, Vol. 6, Part F
What the Final Merits Analysis Examines
Build Your
Petition Strategy
Understanding criteria is step one. See how Attorney Jun constructs the full evidence architecture and petition brief.
Application Strategy GuideEvaluate Your
Specific Record
Attorney Jun reviews your CV and publication record to identify the strongest criteria and build a personalized strategy.
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