Glossary
What is the Kazarian two-step test?
Kazarian is the court case behind how USCIS reviews every EB-1A petition today: first count the criteria, then weigh the whole record.
Last checked October 2026 · Sources
- Court
- US Court of Appeals, Ninth Circuit
- Decided
- March 4, 2010
- Citation
- 596 F.3d 1115
- Outcome
- Denial affirmed
Quick answer
What is the Kazarian two-step test?
The Kazarian two-step test is how USCIS reviews an EB-1A petition. Step one counts which of the 10 criteria your evidence meets. You need at least three, unless you have a major one-time award. Step two weighs all the evidence together. Are you at the very top of your field? It comes from Kazarian v. USCIS (9th Cir. 2010).
- Counting the criteria and judging quality are two separate questions.
- USCIS adopted the two steps in its Policy Manual.
- The petitioner in Kazarian lost: he had two criteria, not three.
- The court said USCIS cannot add new requirements beyond the regulation.
In plain words
The two steps
| Step | What it asks | Example |
|---|---|---|
| Step 1: the criteria | Does your evidence meet the wording of at least 3 of the 10 criteria in 8 CFR 204.5(h)(3)? | You published scholarly articles in professional journals. That meets the criterion, whatever the journal’s rank |
| Step 2: final merits | Taken together, does the evidence show sustained acclaim and a place at the very top of your field? | Were those articles in leading journals, and widely cited compared with your field? |
Sources: Kazarian v. USCIS and USCIS Policy Manual, Vol. 6, Part F, Ch. 2.
What the court said
Three things Kazarian decided
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Citations belong in the second step
Other authors’ citations may matter for the final merits determination. They are not relevant to “the antecedent procedural question of whether the petitioner has provided at least three types of evidence.”
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No new requirements
The court said neither “USCIS nor an AAO may unilaterally impose novel substantive or evidentiary requirements beyond those set forth at 8 C.F.R. § 204.5.”
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Two is not three
The agency wrongly found he met zero criteria. He met two, but three are needed. The court called the error harmless and affirmed the denial.
Why it matters for you
What this means for your petition
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Aim past three criteria
Practical guidance: a case that stands on exactly three has no margin if one is rejected.
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Prepare for both questions
Evidence must fit the criteria and also show top standing. See final merits determination.
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Use it the right way
Kazarian helps when an officer adds a requirement the regulation lacks. It does not stop the officer from weighing quality at step two. A partner-firm attorney decides how to use it in your case.
Where it comes from
The legal source
Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). USCIS cites it for the two-step review in the USCIS Policy Manual, Vol. 6, Part F, Ch. 2. The 10 criteria are in 8 CFR 204.5(h)(3).
Go deeper
Related terms and guides
Kazarian: the case that split EB-1A in two
The full story of the decision and why the petitioner lost.
Read more GlossaryFinal merits determination
What step two asks and what helps.
Read more BlogArguing the final merits
How to write the step-two argument in your petition.
Read more BlogWhich criteria to build first
Building a margin above three criteria.
Read moreFAQ
Questions people ask
No. The Ninth Circuit affirmed the denial. It found he presented two types of evidence, and the regulation requires three.
As a court ruling, it binds federal courts in the Ninth Circuit. Its nationwide reach comes from USCIS using the two-step review in its Policy Manual.
Four of the ten: scholarly articles, judging the work of others, original contributions of major significance, and display at exhibitions. The court said the agency was wrong on articles and judging. It upheld the agency on the other two.
It is often cited where an officer adds a requirement that 8 CFR 204.5 does not contain. It does not bar the officer from weighing quality at step two. Your attorney decides if it fits your RFE.
No. The NIW uses a different test, the three prongs of Matter of Dhanasar.
Count your criteria before an officer does
The free evaluation checks your record criterion by criterion for EB-1A, plus EB-2 NIW and O-1. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- Kazarian v. USCIS, No. 07-56774, 596 F.3d 1115 (9th Cir. Mar. 4, 2010), slip opinion
- USCIS Policy Manual, Volume 6, Part F, Chapter 2: Extraordinary Ability
- 8 CFR 204.5, Legal Information Institute, Cornell Law School
- USCIS, Employment-Based Immigration: First Preference EB-1
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
