An EB-1A extraordinary ability petition can satisfy every regulatory requirement on paper and still come back denied. That outcome catches a lot of applicants off guard, and the reason usually traces back to a single legal standard: Kazarian.
EB-1A has become an especially active filing option lately, particularly for applicants moving off the EB-2 category, where the wait can stretch on for years depending on country of birth. EB-1 currently carries a shorter wait, roughly three years as of now, which makes it an attractive alternative for qualified candidates. But the path isn’t as straightforward as simply checking boxes.
Under the regulations, an EB-1A applicant needs to meet at least three of ten listed criteria, things like awards, published material about the applicant’s work, or a leading role in distinguished organizations. Many petitioners assume that clearing this threshold is the finish line. It isn’t. The Kazarian case established a second layer of review that USCIS now applies to every EB-1A petition: a final merits determination, where the adjudicating officer looks at the submitted evidence as a whole and decides, largely at their own discretion, whether it actually demonstrates the level of recognition the classification demands.
This is where a lot of otherwise strong petitions run into trouble. It’s common to receive a Request for Evidence that cites Kazarian directly, even after submitting documentation for three, four, or more criteria. The frustrating part is that the standard for the second step isn’t spelled out with the same precision as the first, which gives officers considerable room to interpret the record differently than the applicant intended.
A denial at this stage isn’t necessarily permanent. Applicants can refile with a more targeted record built specifically to address the final merits question rather than just the individual criteria in isolation. Depending on the circumstances, a request for reconsideration or a mandamus action may also be worth exploring after an adverse decision.
Given how much of the outcome depends on how the evidence is framed and presented as a whole, thinking through the Kazarian standard before filing, not just after an RFE arrives, tends to produce stronger results.
Frequently Asked Questions
What is the Kazarian standard?
It’s a two-part review process USCIS applies to EB-1A extraordinary ability petitions. The first part checks whether an applicant meets at least three of the ten regulatory criteria. The second part is a discretionary final merits determination, where USCIS evaluates the full record to decide whether it shows the required level of recognition.
Does meeting three criteria guarantee my EB-1A will be approved?
No. Meeting the numerical threshold only satisfies the first part of the review. USCIS can still deny the petition at the final merits stage if the officer determines the evidence, taken together, doesn’t rise to the necessary level.
Why are more applicants filing EB-1A right now?
Many are moving off the EB-2 category, which has significant backlogs depending on country of birth. EB-1’s current wait time, around three years, makes it a comparatively faster option for those who qualify.
What should I do if I receive an RFE citing Kazarian?
Treat it as an opportunity to strengthen how your evidence is framed as a whole, not just to add more documents. The response should speak directly to the final merits question.
Is a Kazarian-based denial the end of the road?
Not necessarily. Applicants can refile with a stronger, more targeted record. Other options after a denial can include a request for reconsideration or, in some cases, mandamus.
Should I get legal help before filing an EB-1A petition?
Given how much discretion is built into the final merits review, working with an immigration attorney to strategize the presentation of your evidence before filing can make a meaningful difference.
If you have questions about your EB-1A eligibility or a Kazarian-related denial, our attorneys are available to help. If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.