The EB-1A green card category is designated for individuals with extraordinary ability in their field. In the wake of the U.S. Court of Appeals for the Ninth Circuit’s decision in the case of Kazarian v. USCIS in December 2010, USCIS officers now review EB-1A petitions using a two-prong analysis. This article provides a comprehensive guide to understanding this two-prong approach and its implications on the final merit determination process for EB-1A applicants.

Two-Prong Analysis in EB-1A Final Merit Determination:

  • Establishing Eligibility by Meeting Specific EB-1A Criteria: The first prong of the analysis requires foreign nationals to demonstrate that they meet the specific EB-1A criteria. Applicants must provide substantial evidence for at least three of the ten regulatory criteria to be considered eligible for the EB-1A category.
  • Final Merits Determination: If the USCIS officer determines that the applicant has satisfied the requisite criteria, they then proceed to the second prong, the final merits determination. This stage requires establishing that the beneficiary of the petition is indeed “extraordinary” in their field of endeavor, meaning they are among the “top percentage” of those with similar education and training and have “sustained national or international acclaim.”

Key Considerations for the Two-Prong Analysis:

  • Quality and Quantity of Evidence: It is crucial for applicants to present strong evidence to support their case in both prongs of the analysis. This includes evidence of significant achievements, contributions to the field, and recognition from peers and professional organizations.
  • Demonstrating Sustained Acclaim: Applicants should focus on providing evidence of sustained national or international acclaim, such as prestigious awards, extensive media coverage, or invitations to participate in high-profile events in their field.
  • Expert Letters and Testimonials: Obtaining persuasive letters of recommendation from leading experts and testimonials from peers or professional organizations can bolster the applicant’s case during the final merits determination.

In light of the Kazarian v. USCIS decision, understanding and navigating the two-prong analysis in EB-1A final merit determination is crucial for preparing a strong application. By focusing on meeting the specific EB-1A criteria and demonstrating extraordinary ability through sustained national or international acclaim, applicants can enhance their chances of success in obtaining an EB-1A green card.