People searching for the EB-1A requirements usually want one thing: a clear list of what counts. The regulation provides it. A petition must show the person "has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise," through "a one-time achievement (that is, a major, international recognized award), or at least three" of ten listed criteria (8 CFR 204.5(h)(3), eCFR).
As of October 29, 2026, that is only the first step. This guide lists the ten criteria in plain terms, explains the final merits review that follows, and covers the parts of the EB-1A requirements people often miss.
- EB-1A requires sustained national or international acclaim, shown by a major international award or at least 3 of 10 criteria.
- Meeting 3 criteria is step one; USCIS then makes a final merits determination on the whole record.
- Extraordinary ability means being one of the small percentage who have risen to the very top of the field.
- No job offer or labor certification is required, so you can file for yourself.
- You must show you are coming to continue work in your area of expertise.
- Comparable evidence may be used when a criterion does not readily apply to your occupation.
What does extraordinary ability mean?
A high bar. The regulation defines it as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor" (8 CFR 204.5(h)(2), eCFR). Every requirement below is a way of proving that.
What counts as a one-time achievement?
Very few awards. The Policy Manual gives the example of "a major internationally recognized award, such as the Nobel Prize," and notes that "there is no comparable evidence for the one-time achievement of a major, international recognized award" (USCIS Policy Manual, Vol. 6, Part F, Ch. 2). For almost everyone, the practical route is the ten criteria. Lesser prizes still count under the first criterion, which "does not require an award or prize to have the same level of recognition and prestige associated with the Nobel Prize" (same).
What are the 10 EB-1A criteria?
| # | Criterion | In plain terms |
|---|---|---|
| 1 | "Lesser nationally or internationally recognized prizes or awards for excellence" | Awards for excellence in your field, recognized beyond one employer or school |
| 2 | Membership in associations "which require outstanding achievements of their members" | Selective memberships judged by recognized experts, not paid memberships |
| 3 | "Published material about the alien" in professional, trade or major media | Articles about you and your work, with title, date and author |
| 4 | Participation "as a judge of the work of others" | Peer review, competition judging or grant panels you actually completed |
| 5 | "Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance" | Work that changed your field, shown by its impact |
| 6 | "Authorship of scholarly articles in the field" | Papers or articles written for expert readers |
| 7 | "Display of the alien's work in the field at artistic exhibitions or showcases" | Mainly for artists |
| 8 | "A leading or critical role for organizations or establishments that have a distinguished reputation" | A role that mattered at a respected organization |
| 9 | "A high salary or other significantly high remuneration... in relation to others in the field" | Pay compared with peers in your field |
| 10 | "Commercial successes in the performing arts" | Box office or sales, for performing artists |
(8 CFR 204.5(h)(3)(i)-(x), eCFR)
Most science, technology and business petitions rely on some mix of criteria 3, 4, 5, 6, 8 and 9. Our guide to which EB-1A criteria to build first explains how to choose.
Is meeting 3 criteria enough?
No. It is the entry ticket. The USCIS Policy Manual describes two steps: first count the criteria, then "evaluate all the evidence together when considering the petition in its entirety for the final merits determination." It adds that the question of whether the person is "one of that small percentage who have risen to the very top of the field of endeavor and enjoys sustained national or international acclaim should be addressed in the second step" (USCIS Policy Manual, Vol. 6, Part F, Ch. 2).
That is why strong petitions do not list criteria in isolation. They show how the evidence fits together: the original work led to citations or adoption, which led to invitations to judge, coverage and a critical role. Our guide to the final merits determination covers that step in detail.
Do you need a job offer?
No. "Neither an offer for employment in the United States nor a labor certification is required for this classification." But the petition "must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise," which "may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work" (8 CFR 204.5(h)(5), eCFR). That is why EB-1A is often called a self-petition. Our guide to a green card without employer sponsorship compares it with the other self-petition route, the EB-2 NIW.
What if a criterion does not fit your job?
Comparable evidence can fill the gap. "If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence" (8 CFR 204.5(h)(4), eCFR). The Policy Manual warns that "a general unsupported assertion that the listed evidentiary criterion does not readily apply to the petitioner's occupation is not probative" (USCIS Policy Manual, Vol. 6, Part F, Ch. 2), so the petition has to explain why. Our guide to EB-1A comparable evidence shows how.
What do officers check within each criterion?
- Published material "should be about the person, relating to the person's work in the field, and not just about the person's employer."
- Judging requires showing the person "has not only been invited to judge the work of others, but also that the person actually participated in the judging."
- Original contributions need major significance; work that is "funded, patented, or published" will not necessarily establish that on its own.
- Critical role turns on performance: "it is not the title of the person's role, but rather the person's performance in the role that determines whether the role is (or was) critical."
- High salary is measured against "comparative wage or remuneration data for the person's field."
(USCIS Policy Manual, Vol. 6, Part F, Ch. 2)
How do EB-1A filings fare?
USCIS's own data shows the bar in practice. In April to June 2026, USCIS approved 1,348 EB-1A petitions (the E11 category) and denied 2,832 (USCIS, Form I-140 data, FY 2026 Q3). Those are decisions in one quarter, not the outcome of a set of filings, but they show that a large share of petitions do not meet the standard. Our guide to EB-1A, NIW and O-1 approval rates explains how to read the numbers.
What this means for you
- Start with the definition: you need evidence that you are at the very top of your field, not just good at it.
- Map your record against the ten criteria and aim for more than three solid ones.
- Make sure each piece of evidence matches the regulation's wording, such as material about you and judging you completed.
- Plan the final merits story: how your criteria connect to show sustained acclaim.
- Include a clear statement of how you will continue your work in the United States.
Where to start
Our free evaluation at /evaluate/ maps your record against the ten EB-1A criteria and the final merits standard, and Frank, our AI assistant at /frank, finds real opportunities for the criteria you are missing, such as judging or speaking. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 29, 2026.
- 8 CFR 204.5(h) (eCFR, current text). Definition; one-time achievement; ten criteria; comparable evidence; no job offer.
- USCIS Policy Manual, Volume 6, Part F, Chapter 2. Two-step review; criterion-level considerations; comparable evidence.
- USCIS, Form I-140 data, FY 2026 Q3 (April to June 2026). EB-1A approvals and denials.
Frequently asked questions
What are the EB-1A requirements?
You need evidence of sustained national or international acclaim: either a one-time achievement such as a major international award, or documents meeting at least three of ten criteria, such as awards, published material about you, judging, original contributions or a critical role. USCIS then reviews all the evidence together. You must also show you will continue working in your field in the United States.
How many EB-1A criteria do I need?
At least three of the ten, unless you have a one-time achievement such as a major internationally recognized award. Three is a minimum for the first step only. The USCIS Policy Manual says officers then evaluate all the evidence together in a final merits determination, so three thin criteria can still lead to a denial, while strong evidence across several criteria tells a clearer story.
Do I need an employer or job offer for EB-1A?
No. The regulation says neither an offer of employment nor a labor certification is required for EB-1A, so you can file the I-140 petition yourself. You must still include clear evidence that you are coming to continue work in your area of expertise, such as letters from prospective employers, contracts, or a statement describing your plans.
What is the final merits determination?
It is the second step of an EB-1A decision. After finding that at least three criteria are met, the officer considers the petition as a whole to decide whether you have sustained national or international acclaim and are one of the small percentage at the very top of your field. The Policy Manual says this question belongs in the second step, not the criteria count.
Can I use evidence that is not on the list of 10 criteria?
Sometimes. If a criterion does not readily apply to your occupation, the regulation lets you submit comparable evidence. The Policy Manual says a general, unsupported claim that a criterion does not apply is not enough; you must explain why the listed criterion does not fit your occupation and why your evidence is of comparable significance.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
