The 10 EB-1A criteria: what each one means and what evidence USCIS looks at

What does "three of ten" actually require?

The petition (Form I-140) is filed by the petitioner, who for EB-1A may be the person it is for (the beneficiary). Its initial evidence must include a one-time achievement or evidence meeting at least three of the ten criteria below.

At this first step the officer decides, by a preponderance of the evidence (more likely than not), which evidence objectively fits each criterion's wording. Quality counts only where a criterion has a quality requirement built in, such as an award being nationally recognized. Whether you are at the very top of your field is decided later, in the final merits determination.

The evidence does not have to use the word "extraordinary". A single piece of evidence can be enough for a criterion, even where the regulation uses a plural, and a large volume of documents may still not persuade.

Sources: 8 CFR 204.5(h)(3); USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1 (initial evidence)

Criterion 1: lesser nationally or internationally recognized prizes or awards

The award must be yours, not your employer's, and given for excellence in the field. A team award counts if you are one of the named recipients, for example a relay team on the podium; a thank-you from the winner does not. USCIS looks at the award criteria, its national or international significance, the number of recipients and any limits on who could compete.

It does not need Nobel-level prestige. An award limited to one locality, employer or school may have little national recognition, but a youth or rookie award can still be nationally recognized.

• Certain awards from well-known national institutions, including R1 or R2 doctoral universities, or professional associations.
• Certain doctoral dissertation awards.
• Certain awards for presentations at nationally or internationally recognized conferences.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Criterion 1; 8 CFR 204.5(h)(3)

Criterion 2: membership in associations that require outstanding achievements

The association must require outstanding achievements of its members, judged by recognized national or international experts. Where there are levels, your level must be the one that required that judgment: general membership of an engineering society may not count, while its fellow grade may.

Membership based solely on education or years of experience, on paying a fee or subscribing, or on an employment requirement such as a union or guild may show it was not based on outstanding achievements. Current membership is not required, but if there is no recent evidence, the time since may matter at the final merits step.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Criterion 2; 8 CFR 204.5(h)(3)

Criterion 3: published material about you

The material must be about you and your work in the field, not just your employer, and must show the title, date and author, with any needed translation. An article on a broader topic counts if it substantially discusses your work and names you in connection with it. Coverage of a team's work can count if it names you or other evidence shows your significant role.

Marketing material and paid content generally do not count. USCIS also checks that the outlet is a professional publication, major trade publication or other major media, looking at its intended audience and its circulation, readership or viewership.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Criterion 3; 8 CFR 204.5(h)(3)

Criterion 4: judging the work of others

You must have judged others' work in the same or an allied field, alone or on a panel. An invitation is not enough; the evidence must show you did the judging.

• Peer review for a scholarly journal: the journal's request plus proof the review was completed.
• Reviewing abstracts or papers submitted to scholarly conferences.
• Serving on a Ph.D. dissertation committee that makes the final judgment, shown by departmental records.
• Peer review for government research funding programs.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Criterion 4; 8 CFR 204.5(h)(3)

Criterion 5: original contributions of major significance

USCIS asks two questions: is the contribution original, and is it of major significance to the field? Being funded, patented or published can show originality but does not on its own show major significance. Research that drew widespread commentary or is highly cited compared with others in the field, or a patented technology with significant attention or commercial use, can. A pending patent generally needs more support, such as detailed letters.

Useful evidence includes published material about the work's significance, citation data, patents, licenses or commercial use, and expert letters that describe the specific contribution and state the writer's own expertise and basis of knowledge, backed by corroborating documents.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Criterion 5; 8 CFR 204.5(h)(3)

Criterion 6: authorship of scholarly articles

In academia, a scholarly article reports original research, experimentation or philosophical discourse, is usually peer reviewed and has notes or a bibliography. Peer-reviewed journal articles count, and so can conference presentations that are peer reviewed and published as proceedings. Outside academia, it should be written for learned persons in the field, and the outlet must be a professional or major trade publication or other major media.

At step one, publishing qualifying articles is enough whatever their caliber. Their standing, such as the journal's rank, is weighed at the final merits step.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1 (initial evidence); 8 CFR 204.5(h)(3)

Criterion 7: display of your work at artistic exhibitions or showcases

The work displayed must be your own work product, and the venue, physical or virtual, must be an artistic exhibition or showcase. A non-artistic event such as a trade show is considered only as comparable evidence. At step one, a display at an artistic exhibition satisfies the criterion regardless of its caliber.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1 (initial evidence); 8 CFR 204.5(h)(3)

Criterion 8: a leading or critical role for a distinguished organization

Two things are needed. First, a leading role (you led the organization, division or department, and a title with matching duties helps) or a critical role (your contribution was of significant importance to its outcome; a supporting role can be critical). For a critical role, your performance, not your title, decides this. Detailed letters from people with personal knowledge of the role are particularly helpful, and evidence of experience must come from employers.

Second, the organization, division or department must have a distinguished reputation. Size and age alone do not decide it; customer base, media coverage, national rankings and research grants can help. For a startup, significant funding from government, venture capital or angel investors that fits its stage and industry is a positive factor.

• Senior faculty or research positions in a distinguished department, program or company.
• Principal or named investigator for a merit-based government award such as a Small Business Innovation Research (SBIR) grant.
• A member of a key committee in a distinguished organization.
• Founder, co-founder or IP contributor of a startup with a distinguished reputation.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1 (initial evidence); 8 CFR 204.5(h)(3)

Criterion 9: a high salary or other significantly high remuneration

Pay must be high compared with others in the field. "Has commanded" does not mean already paid: a credible contract or job offer can show it. Evidence includes tax returns and pay statements, contracts or offer letters, and comparative data such as geographic or position-specific compensation surveys.

Officers check that the comparison is fair: occupation categories that are too broad, user-reported salary sites with few entries, and hourly figures compared with daily or project pay can all weaken it. Pay earned outside the US is compared with data for that location, not converted into dollars and judged by US levels. For founders, significant startup funding makes a promised salary more credible.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Criterion 9; 8 CFR 204.5(h)(3)

Criterion 10: commercial successes in the performing arts

This criterion measures volume of sales and box office receipts. Recording and releasing music or appearing in productions is not enough by itself; the figures must show commercial success compared with others in similar pursuits.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1 (initial evidence); 8 CFR 204.5(h)(3)

What counts as a one-time achievement?

A major, internationally recognized award meets the initial evidence requirement on its own. The Policy Manual's example is the Nobel Prize. There is no comparable evidence for this alternative: if no award of that stature exists, the route is three criteria.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Comparable evidence; 8 CFR 204.5(h)(3)

When can comparable evidence replace a criterion?

If a criterion does not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence. "Readily" means easily: the criterion need not be entirely inapplicable, but a bare claim that it does not apply is not enough. A detailed, specific and credible statement explaining why can be.

• Presenting work at a major trade show in place of scholarly articles, for someone working in industry rather than academia.
• Highly valued startup equity in place of a high salary, for an entrepreneur.
• An Olympic medal won by an athlete under a coach's principal tutelage, as comparable to original contributions.
• Election to a national all-star or Olympic team, as comparable to membership.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Comparable evidence; 8 CFR 204.5(h)(4)

Common misunderstandings

Three criteria do not decide the case. The same evidence is weighed again in the final merits determination, along with these points from the Policy Manual:

• Judging and scholarly articles meet step one regardless of caliber; at the final merits step the officer asks whether that judging or publishing shows the person is at the very top of the field.
• Letters support but should not be the cornerstone of the case; they work best when documents corroborate them.
• Missing a criterion an officer expects, such as press coverage, is not by itself a reason to deny if three other criteria show extraordinary ability.

Sources: USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1 (initial evidence); USCIS Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, Comparable evidence

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