For accomplished professionals looking to take their careers to the U.S., the EB-1A extraordinary ability visa can be a game-changer. But the process isn’t easy—it’s full of technical requirements, subjective evaluations, and a lot of uncertainty.
One of the most common concerns we hear from clients is: “Do I really have to meet exactly three of the ten EB-1A criteria?” The short answer is yes—but over the years, we’ve learned there’s more nuance than that. A strong petition is about more than just checking boxes—it’s about telling a compelling story of impact and excellence, even if you don’t fit perfectly into all ten categories.
The Official EB-1A Requirements
USCIS designed the EB-1A visa for individuals who have risen to the very top of their field. The evaluation process follows two distinct steps:
First, USCIS checks if you’ve achieved a one-time major accomplishment (like a Nobel Prize) or if you satisfy at least three of these ten criteria:
- Nationally/internationally recognized prizes or awards
- Membership in associations requiring outstanding achievements
- Published material about you in major publications
- Judging others’ work in your field
- Original contributions of major significance
- Authorship of scholarly articles
- Display of work at artistic exhibitions
- Performance in a leading or critical role for distinguished organizations
- High salary relative to others in your field
- Commercial success in the performing arts
Second, if you clear the first hurdle, USCIS conducts a “final merits determination” to confirm you truly rank among the top percentage in your field through a holistic review of your accomplishments.
When You Don't Quite Meet Three Criteria
In our practice, we’ve worked with many clients who initially believed they couldn’t qualify because they only satisfied two criteria clearly. Yet through careful analysis and strategic presentation, many discovered viable paths forward.
The Comparable Evidence Approach
USCIS recognizes that their standard criteria don’t perfectly fit every profession. The regulations specifically allow for “comparable evidence” when one or more criteria simply don’t apply to your occupation.
We’ve successfully used this provision for numerous clients, particularly in technology and emerging fields. For example, one client couldn’t demonstrate artistic exhibitions (clearly irrelevant to their work in artificial intelligence), but we helped document the widespread adoption of their algorithms as comparable evidence of recognition.
The key lies in explaining why standard criteria don’t fit your profession while offering compelling alternatives that demonstrate equivalent merit.
Strengthening Borderline Evidence
Sometimes the challenge isn’t that you lack qualifying achievements but that you’ve undervalued your own accomplishments. We’ve seen this particularly with technical professionals who tend to downplay their contributions.
For instance, many engineers don’t consider their company presentations or industry conference talks as “judging the work of others,” yet when they involve evaluating methodologies or approaches, they might qualify. Similarly, being asked to review technical documents for your organization might constitute judging work in your field.
Through our extensive experience with USCIS adjudications, we’ve developed a keen understanding of how to properly document and frame professional accomplishments to meet specific criteria.
Critical Differences Between Meeting Criteria and Final Approval
Clearing three criteria represents only the first hurdle in the EB-1A process. The final merits determination can sometimes be more challenging, as it requires demonstrating that you truly stand among the elite in your field.
We’ve seen cases where applicants met exactly three criteria but faced challenges during final merits review. Conversely, we’ve witnessed approvals for applicants with extraordinarily strong evidence in just two categories because their overall profile convincingly demonstrated extraordinary ability.
This underscores a critical truth about EB-1A petitions that we emphasize to all our clients: quality often matters more than quantity. Compelling, well-documented evidence for two criteria might prove more persuasive than marginal evidence across three or four.
The Impact of Your Field's Specific Context
One often overlooked aspect of EB-1A petitions is how your achievements compare specifically within your specialized field – not broadly across an entire discipline.
We recently worked with a researcher who worried her citation count was too low for the scholarly articles criterion when compared to general statistics in her broad field. However, by contextualizing her citations within her specialized subfield – where citation patterns differ significantly – we successfully demonstrated her extraordinary impact.
Similarly, “high salary” must be interpreted within the specific context of your geographic region, specialty, and career stage. A salary that might seem average across an entire industry could actually reflect extraordinary ability within a narrower specialty or geographic context.
Timing Considerations for Borderline Cases
When we assess that a client falls just short of meeting three criteria, we often discuss strategic timing options. Sometimes waiting 6-12 months allows for:
- Publication of pending articles
- Accumulation of additional citations
- Recognition of contributions through awards or media coverage
- Opportunities to judge competitions or review work
- Promotion to more significant leadership roles
While we understand the desire to proceed quickly, postponing an application briefly to strengthen borderline evidence can dramatically improve approval chances. Our case management team works closely with clients to identify opportunities to build their qualifications strategically before filing.
Premium Processing and RFE Response Strategy
For clients concerned about meeting three criteria, the choice between regular and premium processing merits careful consideration.
In our experience, premium processing (which guarantees an initial response within 15 calendar days) can provide faster clarity on whether USCIS considers your evidence sufficient. However, it also means potentially receiving a Request for Evidence (RFE) more quickly.
When we anticipate potential challenges with meeting three criteria, we develop comprehensive RFE response strategies before filing. This preparation allows us to respond swiftly and effectively if USCIS questions any aspect of the qualifying criteria.
Alternative Immigration Pathways Worth Considering
When clients truly cannot meet EB-1A requirements despite our best efforts, we don’t simply give up. We explore alternative pathways that might better fit their unique qualifications:
- EB-1B for outstanding professors and researchers (requiring a job offer)
- EB-2 with National Interest Waiver for those whose work substantially benefits the U.S.
- O-1 nonimmigrant visa as a stepping stone to later EB-1A qualification
Each path offers distinct advantages and requirements, and the best choice depends on your specific circumstances, achievements, and long-term goals.
Making an Informed Decision About Your EB-1A Eligibility
After helping countless professionals navigate the EB-1A process over our 15+ years of practice, we’ve learned that self-assessment often leads to underestimating one’s qualifications. Many clients who initially believed they fell short of three criteria discovered, through careful analysis with our team, that they actually qualified comfortably.
We recommend scheduling a consultation with our experienced immigration attorneys who specialize in EB-1A petitions. We’ll evaluate your accomplishments objectively, identify overlooked evidence, and recommend the strongest pathway to permanent residency based on your unique background.
Don’t let uncertainty about meeting three criteria deter you from exploring the EB-1A option. Contact The Alagiri Immigration Law Firm today for a thorough assessment of your eligibility – you might be closer to qualification than you realize.
