Immigration Law Insights & Updates

Timely analysis and practical guidance on U.S. business, employment, investment, and extraordinary ability immigration matters. Topics include H-1B, O-1, EB-1A, National Interest Waivers, PERM, E-2 treaty investor visas, EB-5, and related immigration developments affecting employers, entrepreneurs, investors, and highly skilled professionals.

Articles are provided for general informational purposes and do not constitute legal advice. Immigration rules, agency policies, processing practices, and case law can change, and individual circumstances require case-specific analysis.

EB-1A in Practice: Why “I Meet Three Criteria” Is Usually the Wrong Question

Posted by Fariba Faiz | Aug 31, 2026 | 0 Comments

USCIS evaluates most EB-1A extraordinary ability petitions through a two-step analysis derived from Kazarian v. USCIS. First, the petitioner must establish either a one-time major achievement or at least three regulatory criteria. USCIS then evaluates the record as a whole to determine whether the beneficiary has sustained national or international acclaim and is among the small percentage who have risen to the very top of the field.

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