EB-1A Spotlight: Rising Standards, Fierce Competition, and Inspiring Success Stories
- Zachary Johnson, Ph.D.
- Oct 21
- 6 min read
Article Overview
Defines the EB-1A visa, explains what it means to be extraordinary, and clarifies common misconceptions like the “Einstein Visa.”
Breaks down the ten broad eligibility criteria and highlights the importance of the final merits determination.
Analyzes USCIS data, approval trends, and growing RFEs that reflect stricter standards.
Showcases example approvals with references to capable law firms that collaborated with ProfVal for expert support.
References EB-1A success stories from Akalan Law, Azhar & Azhar PLLC, Manifest Law, and Honest Law, PC.
ProfVal offers a variety of services to support EB-1A petitions: Immigration Business Plans, Professional Plans, and Expert Opinion Letters.
Defining "Extraordinary Ability", EB-1A Visa
What does it mean to be extraordinary?
In the context of U.S. immigration, extraordinary ability refers to professionals whose talents and achievements distinguish them from the vast majority of their peers. Note that sometimes, this visa is called the "Einstein Visa," which may make people think it's only for quirky scientists.
But a person can demonstrate their extraordinary ability in a variety of ways. At ProfVal, we have supported law firms for approved EB-1 and EB-2 visa petitions in areas such as marketing communications, art and dance, technology, finance, computer science, A.I., healthcare, and many other fields.
According to the U.S. Citizenship and Immigration Services EB-1 Page (USCIS), extraordinary ability is shown through sustained national or international acclaim, and achievements must be recognized in the field through extensive documentation.
Importantly, the EB-1A does not require a labor certification or a job offer, distinguishing it from many other employment-based visas like the H-1B, O-1 (also for extraordinary ability), or L-1.
Eligibility Criteria: Broad Categories
Applicants for the EB-1A must meet at least three of ten evidentiary criteria outlined by USCIS or provide evidence of a one-time achievement such as a major internationally recognized award (e.g., a Nobel Prize). For full disclosure, we've never worked with a Nobel Prize winner... but we support with some incredible attorneys, so maybe that will change by the time you read this.
Recognition of Excellence: Receipt of lesser nationally or internationally recognized prizes or awards.
Memberships: In associations requiring outstanding achievements.
Published Material: Coverage in professional or major trade publications.
Judging Work: Participation as a judge of the work of others.
Original Contributions: Demonstrated significant contributions to the field.
Scholarly Articles: Authorship in professional journals.
Exhibitions or Showcases: Display of work at exhibitions or showcases.
Leading Roles: Service in a leading or critical role in organizations.
High Salary or Remuneration: Compared to others in the field.
Commercial Success: In the performing arts
Meeting the evidentiary threshold, however, is only the first step.
In fact, many of the EB-1A RFEs we've reviewed in 2024 and 2025 were for petitioners who met three or more core eligibility requirements for the EB-1A, but the USCIS questioned whether the totality of evidence met the final merits determination.
And here’s where things get interesting... this stage is akin to the semifinals of America's Got Talent, where an individual's abilities must truly impress, not just check boxes, as we discuss next.
The Rise of RFEs and the Final Merits Determination
Recent years have seen an increase in EB-1A Requests for Evidence (RFEs). According to the American Immigration Lawyers Association (AILA), USCIS officers are placing heightened emphasis on the EB-1A final merits determination, a summative review beyond the checklist of criteria.
The final merits determination asks: does the evidence, taken together, establish that the applicant truly belongs to the small percentage of individuals who have risen to the very top of their field of endeavor?
This discretionary stage is where many petitions encounter challenges.
Even when three criteria are met, USCIS adjudicators may argue the evidence does not show sustained national or international acclaim. Importantly, decisions can be shaped by the adjudicator’s own biases or notions of what counts as truly impressive. The shift has underscored the importance of detailed, credible, and professionally supported documentation.
EB-1A Statistics and Approval Trends
Statistical reports from USCIS indicate steady demand for the EB-1A. In FY 2022, USCIS received approximately 17,000 EB-1 petitions, with the EB-1A comprising a significant portion (USCIS Data Hub). Approval rates have fluctuated: while historically strong, they have tightened in recent years, reflecting the increased scrutiny at the final merits stage.
RFEs require applicants and their attorneys to provide evidence that is both comprehensive and strategically presented.
Examples of EB-1A Success Stories
While statistics show high demand and increased scrutiny, many petitioners are seeing approvals.
At a very basic level, we believe that the formula to increase the probability of success relates to:
Legitimately meeting the core requirements of the EB-1A
Having competent legal representation
Effectively showcasing a petitioner's story through effective documentation such as business plans and expert opinion letters.
We looked at our records with a few firms we've supported. Attorneys shared recent EB-1A approvals that our team supported. Notably, each firm has different —but all very competent —attorneys, paralegals, and professionals working with them.
ProfVal’s Role in EB-1A Success
The EB-1A requires more than meeting evidentiary thresholds—it demands clarity, credibility, and professional substantiation. At ProfVal, we support attorneys and applicants by providing:
Business Plans & Professional Plans: Tailored documents that align with USCIS adjudication standards.
RIMS II Assessments: Economic impact studies that contextualize contributions in measurable terms.
Expert Opinion Letters: Authored by highly credentialed professionals to bolster evidentiary claims.
While no one can guarantee outcomes, our contributions strengthen petitions and provide applicants with the professional validation needed in today’s heightened adjudication climate.
Conclusion
The EB-1A visa remains a prestigious pathway for individuals of extraordinary ability. Yet, with increasing RFEs and the critical final merits determination, applicants must approach the process strategically. By leveraging expert services and working alongside experienced immigration counsel, extraordinary individuals can turn their achievements into a successful EB-1A petition.
