Securing Sustained Acclaim for EB-1A

The EB-1A visa is regarded as one of the most advantageous U.S. visas, yet it is also one of the most challenging to obtain. Simply meeting the criteria for extraordinary ability is insufficient for EB-1A approval. In addition to fulfilling three or more EB-1A extraordinary ability criteria, applicants must also undergo a “final merits test” evaluating whether they have achieved “sustained acclaim.”

Whether an EB-1A candidate satisfies this test is entirely at the discretion of a U.S. Citizenship and Immigration Services (USCIS) officer. Although subjective, there are measures one can take to enhance the likelihood of success. This guide outlines the EB-1A sustained acclaim requirement and offers strategies to strengthen your EB-1A petition.

What is the EB-1A visa?

EB-1 refers to the employment-based first preference visa category, encompassing three immigrant visas: EB-1A for individuals with extraordinary abilities, EB-1B for outstanding professors and researchers, and EB-1C for multinational executives and managers.

All EB-1 visas, including EB-1A, reserve a priority date for applying for an employment-based green card. Unlike many nonimmigrant visas, EB-1A visas do not confer legal status in the U.S.; rather, they represent the initial stage of obtaining lawful permanent residency (LPR). While it is possible to apply for the EB-1A visa outside the U.S., most applicants opt for a work visa like the O-1 or H-1B to reside in the U.S. during the employment-based immigration process.

The EB-1A visa is distinctive in that it is designed for immigrants who possess an exceptional level of expertise at the pinnacle of their field. EB-1A applicants are not obligated to have a U.S. employer sponsor or job offer in the U.S. to qualify; they can instead self-petition (also known as self-sponsor) their immigrant petition. Additionally, EB-1As qualify for expedited processing times when submitted with premium processing. The EB-1 visa also offers an accelerated route to a green card as the PERM labor certification process is not mandatory.

EB-1A Eligibility: Criteria for Individuals with Extraordinary Ability

There are two pathways to qualify for the EB-1A visa:

One approach is to demonstrate a singular achievement. For example, eligibility can be established by receiving a prominent, internationally recognized award such as a Nobel Prize or Academy Award.

Alternatively, eligibility can be attained by satisfying at least three of the EB-1A extraordinary ability criteria:

1. Receipt of nationally or internationally recognized prizes or awards in the field
2. Membership in associations in the field that mandate outstanding achievement
3. Presence of published material about you in professional publications, major trade publications, or other major media
4. Invitation to judge the work of others in your field, whether individually or on a panel
5. Original contributions of significant importance to the field
6. Authorship of scholarly articles in professional publications, major trade publications, or other major media
7. Service in a leading or pivotal role for distinguished organizations
8. Command of a high salary or other considerably high remuneration
9. Display of work at artistic exhibitions or showcases
10. Demonstration of commercial successes in the performing arts

Understanding the EB-1A Final Merits Assessment

The EB-1A final merits test represents the concluding phase in the adjudication process for the EB-1A visa category. The case undergoes assessment by a specialized USCIS officer tasked with reviewing EB-1 cases. To provide context, the EB-1A adjudication process encompasses the following steps:

1. Examination of the applicant’s immigration forms, such as the Form I-140.
2. Evaluation of the applicant’s submitted evidence pertaining to the EB-1A criteria (an overview of these criteria is provided above).
3. The final merits test.

During the final merits test, the USCIS officer evaluates whether the applicant has demonstrated sustained national or international acclaim in their field of extraordinary ability, based on all the evidence submitted. In essence, EB-1A applicants are not required to furnish additional evidence for the test. Instead, a USCIS officer renders a decision based on the evidence reviewed in the second step of the adjudication process.

It is important to note that fulfilling the EB-1A criteria in the second step does not guarantee success in the third step. USCIS officers retain the authority to determine whether an applicant meets three or more criteria but falls short in passing the final merits test.

What steps are involved in fulfilling the EB-1A sustained acclaim requirement?

• Enhance each of your EB-1A criteria: The evidence presented for your EB-1A criteria directly influences your success in the final merits test. The more effort you invest in developing a robust EB-1A profile, the greater your likelihood of passing the test.
• Omit weak evidence: Merely possessing evidence related to the EB-1 criteria does not mandate its inclusion in your submission to USCIS. While certainty eludes us, many immigration attorneys believe that weak evidence, even when accompanied by strong evidence, may unfavorably influence USCIS’s assessment of your case. Even if evidence for eight EB-1A criteria is available, your attorney’s strategy might involve submitting evidence for only six criteria, excluding two weaker ones.
• Manage your online presence: Despite USCIS being mandated to base their decision solely on the evidence provided in your I-140 petition, numerous attorneys believe that most USCIS officers conduct online searches of EB-1A candidates. Ensure your online profiles align with or complement the evidence in your immigrant petition.
• Enhance your overall profile: Achievements such as presenting at conferences or possessing a substantial online following do not directly impact your EB-1A criteria. Nevertheless, they may positively influence USCIS’s perception of you during online research.
• Secure letters of recommendation from industry experts: Your immigration attorney may suggest obtaining letters of recommendation for specific EB1A criteria. When penned by esteemed professionals in your field of expertise, these letters can leave a lasting impression that affects the approval of your case.
• Present your evidence in an understandable manner: USCIS must grasp the significance of your accomplishments. Instead of employing complex industry jargon, ensure your petition clearly elucidates why your achievements are noteworthy. A proficient immigration team can articulate your unique accomplishments in a manner that simplifies without oversimplifying.