EB-1 Immigrant Visas:
Extraordinary Ability, Outstanding Researchers, and Multinational Executives

The EB-1 immigrant visa category is reserved for individuals who have demonstrated sustained national or international acclaim and whose achievements place them among the small percentage at the very top of their field. Approval under EB-1 leads directly to lawful permanent residence and does not require labor certification.

Our practice provides strategic, evidence-driven representation in EB-1 matters, with particular focus on aligning each client's achievements with USCIS's regulatory criteria, final merits analysis under the Kazarian framework, and the discretionary considerations that increasingly shape adjudication in 2026.

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Understanding the EB-1 Category

The EB-1 classification includes three distinct subcategories:

EB-1A — Extraordinary Ability. For individuals who have risen to the very top of their field in the sciences, arts, education, business, or athletics. EB-1A petitions may be self-filed and do not require a job offer or employer sponsorship.

EB-1B — Outstanding Professors and Researchers. For internationally recognized researchers or academics with a strong record of teaching or research in their field, sponsored by a qualifying U.S. employer.

EB-1C — Multinational Managers and Executives. For senior managers and executives transferring to the United States after qualifying employment abroad with a related multinational entity.

This page focuses primarily on EB-1A and EB-1B, which involve the most intensive evidentiary and discretionary review. 

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EB-1 Fields We Represent

We represent EB-1 clients across the full range of EB-1 disciplines, including but not limited to:

Athletics

• Professional and elite athletes

• Coaches, trainers, and sports professionals

• National team members and internationally ranked competitors

• Individuals with sustained competitive, coaching, or judging records

Arts and Creative Professions

• Visual artists, performers, musicians, and composers

• Film, media, and performing-arts professionals

• Designers, creative directors, and cultural contributors

• Individuals with national or international recognition in their artistic field

Business and Entrepreneurship

• Founders and executives of innovative companies

• Entrepreneurs with venture-backed or high-impact enterprises

• Senior business leaders with measurable industry influence

• Professionals whose work demonstrates original contributions of major significance

Sciences, Technology, and Research

• Scientists, engineers, and technologists

• Medical professionals and biomedical researchers

• AI, data science, and advanced-technology experts

• Academics and applied researchers with significant scholarly or industry impact

Each petition is structured around the client's actual professional trajectory, not a generic template, with careful attention to how the field itself is defined and supported.

The Two-Step EB-1 Adjudication Framework

USCIS evaluates EB-1A and EB-1B petitions under the two-step framework established by Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), which the agency adopted in Adjudicator's Field Manual guidance and now applies as standard practice.

1. Evidentiary Criteria

The petitioner must satisfy at least three of the ten regulatory criteria set out at 8 C.F.R. § 204.5(h)(3) (for EB-1A) — or provide comparable evidence where applicable. The ten criteria address:

• Nationally or internationally recognized awards for excellence

• Membership in associations requiring outstanding achievement

• Published material about the petitioner in major media or professional publications

• Service as a judge of the work of others in the field

• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance

• Authorship of scholarly articles in the field

• Display of work at artistic exhibitions or showcases

• Performance in a leading or critical role for organizations with a distinguished reputation

• High remuneration relative to peers in the field

• Commercial success in the performing arts

EB-1B has a parallel but distinct set of six regulatory criteria at 8 C.F.R. § 204.5(i)(3), and the petitioner must satisfy at least two.

2. Final Merits Determination

Even when the threshold count is met, USCIS conducts a qualitative, discretionary assessment to determine whether the totality of the evidence demonstrates sustained acclaim and placement at the very top of the field.

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This is where most contested EB-1 cases are actually won or lost. Many RFEs, NOIDs, and denials arise at the final merits stage, not at the initial criteria count, and the framing of the field — what it is, who is in it, and where the petitioner stands within it — frequently controls the outcome.

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Our Approach to EB-1 Representation

We do not treat EB-1 petitions as a checklist exercise. Our approach is strategic, narrative-driven, and grounded in current USCIS adjudication trends.

Our EB-1 services typically include:

• Comprehensive eligibility and risk assessment before filing

• Precise definition and framing of the client's field of expertise

• Strategic selection and development of evidentiary criteria

• A cohesive legal argument linking all evidence to sustained acclaim and top-of-field standing

• Development and review of expert recommendation letters with probative — not merely complimentary — value

• Addressing dual-role, interdisciplinary, or non-traditional career paths where the field itself requires careful framing

• Anticipation and mitigation of discretionary, credibility, and final merits concerns

• Preparation for RFEs, NOIDs, or final merits challenges where issued

RFEs, NOIDs, and Discretionary Challenges in EB-1 Cases

EB-1 petitions are subject to heightened scrutiny, and USCIS frequently issues RFEs or NOIDs raising concerns related to:

• The significance and impact of original contributions

• Whether achievements demonstrate sustained national or international acclaim

• The relevance, independence, and credibility of expert testimony

• The scope of awards, judging, or leadership roles

• Whether the petitioner truly ranks among the top few percent in the field

We regularly represent clients in EB-1 RFE and NOID responses, with particular focus on rebutting final merits and discretionary concerns. See our RFE and NOID Defense and Response Services for our broader approach to these matters.

EB-1 Approval and the 2026 Adjustment of Status Environment

EB-1 petitions themselves are non-discretionary at the I-140 stage — once the regulatory criteria and the final merits standard are met, USCIS must approve. The discretionary frontier comes next: an EB-1 beneficiary already in the United States who proceeds to adjustment of status under INA § 245 enters a process that USCIS has, in 2026, significantly reshaped through Policy Memorandum PM-602-0199. The memo reframes adjustment of status as an extraordinary matter of discretion, and even highly accomplished EB-1 beneficiaries cannot rely on petition-level achievement to carry the discretionary AOS step.

For EB-1 beneficiaries planning the petition-to-permanent-residence sequence, see our analysis: Eligible Is No Longer Enough for Adjustment of Status.

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Beneficiaries proceeding through consular processing are not subject to the AOS discretionary framework, but applicants who are nationals of designated countries under PA-2025-26 and the related proclamations face additional country-specific scrutiny at the immigrant-visa stage. This is an area where the EB-1 strategy and the immigration-procedural strategy must be planned together.

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Consultation and Case Evaluation

EB-1 cases are highly fact-specific, and early strategic planning can significantly affect the strength of a petition and the likelihood of approval. We represent EB-1 clients from around the globe, in athletics, the arts, business, and the sciences, in English and Farsi.

If you are considering filing an EB-1 petition, or if you have received an RFE or NOID in an existing EB-1 case, you may request a case-specific consultation to evaluate eligibility, evidentiary strategy, and potential risks.

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Request a Free EB-1 Case Evaluation

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This page is provided for general informational purposes only and does not constitute legal advice. Each EB-1 case must be evaluated individually based on its unique facts and evidence.