Last updated: 2026-07-03
EB-1A ("Extraordinary Ability") is the only employment-based green card you can file entirely on your own — no employer, no job offer, no PERM labor certification. But it also carries the highest evidentiary bar of any employment category. Understanding how USCIS reads your evidence is the difference between an approval and a Request for Evidence (RFE).
The two-step (Kazarian) analysis
Since Kazarian v. USCIS (9th Cir. 2010), officers adjudicate every EB-1A petition in two distinct steps:
Step | What happens | What it tests |
Step 1 — Counting the criteria | The officer checks whether you meet at least 3 of the 10 regulatory criteria in 8 C.F.R. § 204.5(h)(3) (or hold one major, internationally recognized award like a Nobel or Olympic medal). This is a mechanical, plain-language count — the officer is not supposed to add unwritten sub-tests here. | Do you clear the threshold? |
Step 2 — Final merits determination | The officer steps back and weighs the totality of your evidence to decide whether you have sustained national or international acclaim and are among the small percentage at the very top of your field. | Are you actually extraordinary? |
The crucial insight from Kazarian: meeting 3 criteria in Step 1 does not guarantee approval in Step 2. A petition can "count" three criteria on paper and still be denied because the evidence, viewed as a whole, doesn't paint the picture of someone at the top of their field.
Why Dr.EB1A targets 4–5 criteria, not the bare 3
Three criteria is the legal minimum. It is not the practical target. In 2026, RFE rates are elevated and officers increasingly demand independent documentary evidence — not just recommendation letters. Aiming for 4–5 well-documented criteria does two things at once:
It cushions Step 1. If an officer disputes one criterion, you still clear the threshold on the others.
It builds Step 2. Every additional criterion is more raw material for the final-merits story of sustained acclaim.
Dr.EB1A reads your uploaded evidence, maps it against all 10 criteria, and drafts your petition around your strongest 4–5 — then writes the criterion-by-criterion argument and the final-merits narrative that ties them together. Free until you download.
The guides below cover the six criteria most relevant to typical self-petitioners — researchers, engineers, founders, and physicians — followed by a shorter section on the remaining four.