The EB-1A green card needs evidence in at least 3 of 10 criteria — then a subjective final merits review. Check the criteria you can document, and see where you stand.
Do you have a one-time major internationally recognized award? (e.g. Nobel, Olympic medal)
Otherwise, check each of the 10 criteria you can document with strong evidence:
EB-1A self-assessment
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Step 2: the final merits trap
Meeting 3 criteria only clears step one. USCIS then weighs all your evidence to decide if you're among the small percentage at the very top with sustained acclaim. Many petitions are denied here as "quantitatively sufficient, qualitatively insufficient." Quality and framing matter as much as the count.
Borderline case? The framing decides it.
EB-1A is self-petition, but the final merits stage is subjective and denial-prone — and a strong petition can cost $10,000–15,000 in legal fees because the stakes are a green card with no employer needed. An experienced EB-1A/NIW attorney can assess your profile and build the strategy. [Affiliate link: EB-1A immigration attorney]
Don't qualify? Consider EB-2 NIW
The EB-2 National Interest Waiver is a lower bar than EB-1A — also self-petition, no labor certification — judged by the 3-prong Dhanasar test (substantial merit & national importance; well-positioned to advance it; beneficial to waive the job-offer requirement). Many who fall short of EB-1A qualify for NIW.
Ad Space (336×280)
The two-step framework (Kazarian)
How to self-petition: steps, fees & timeline (2026)
Frequently asked questions
Sources and official references: USCIS — EB-1 (Extraordinary Ability); 8 CFR §204.5(h)(3) (ten criteria); Kazarian v. USCIS (9th Cir. 2010) and USCIS Policy Manual Vol. 6 Part F Ch. 2 (two-step / final merits); Matter of Dhanasar (NIW). Note: Mukherji v. Miller (D. Neb. Jan 28, 2026) challenged the final-merits step as procedurally invalid, but it is not binding nationwide; 2026 petitions are still adjudicated under the two-step framework. Independent self-assessment, not legal advice; consult a licensed US immigration attorney.