A recent federal court decision has generated discussion among individuals considering or pursuing the EB-1A Extraordinary Ability green card. As summaries of the decision circulate online, some applicants are left wondering whether EB-1A approvals have suddenly become easier or automatic.
The reality is more measured. The decision reinforces how USCIS should evaluate evidence, but it does not remove the high standard required for EB-1A approval.
How EB-1A Petitions Are Reviewed
EB-1A petitions are generally evaluated in two stages:
- Initial evidence review
USCIS examines whether the applicant meets at least three of the regulatory criteria (or provides evidence of a one-time major achievement). - Final merits determination
USCIS then reviews the full record to decide whether the applicant has demonstrated sustained national or international acclaim and is among the small percentage at the top of the field.
Both steps remain part of the EB-1A adjudication process.
What the Court Decision Clarified
The court emphasized that USCIS should not:
- Narrow the regulatory criteria beyond what the law allows
- Dismiss qualifying evidence through overly restrictive interpretations
- Apply standards that effectively raise the EB-1A bar above the regulations
In simple terms, the decision reinforces that qualifying evidence must be evaluated fairly and meaningfully, rather than discounted through improper reasoning.
What Did Not Change
Despite online speculation, several key points remain unchanged:
- EB-1A is not automatic
- Meeting three criteria alone does not guarantee approval
- USCIS still conducts a final merits review
- Evidence quality, relevance, and consistency remain critical
The decision does not eliminate USCIS discretion or transform EB-1A into a checklist-based approval.
What This Means for EB-1A Applicants
For applicants, the decision supports a balanced approach:
- USCIS must follow the regulations as written
- Evidence should be assessed consistently and fairly
- Applicants still carry the burden of proving extraordinary ability
Successful EB-1A cases continue to focus on impact, recognition, and sustained achievement, not just the number of criteria satisfied.
EB-1A Compared to the National Interest Waiver (NIW)
Many applicants consider both EB-1A and the EB-2 National Interest Waiver. While both allow self-petitioning, the standards and strategy differ.
| Category | EB-1A (Extraordinary Ability) | EB-2 NIW (National Interest Waiver) |
| Standard | Extraordinary ability at the very top of the field | Advanced degree or exceptional ability benefiting the U.S. |
| Employer Required | No | No |
| Job Offer Required | No | No |
| Evidence Focus | Sustained national or international acclaim | National importance and U.S. benefit |
| Approval Threshold | Very high | High but more flexible |
| Processing Speed | Often faster | Typically slower |
| Visa Availability | Usually current | Subject to visa backlogs |
| Best For | Highly accomplished professionals | Professionals with impactful work |
Why Strong EB-1A Case Strategy Still Matters
Even with helpful case law, EB-1A petitions remain complex. Strong filings typically include:
- Evidence clearly tied to the regulatory criteria
- Documentation showing sustained recognition over time
- Proof of influence, leadership, or significant impact
- A cohesive presentation connecting all achievements
A well-prepared petition anticipates scrutiny and addresses it directly.
Frequently Asked Questions About EB-1A
Does meeting three criteria guarantee EB-1A approval?
No. Meeting three criteria allows USCIS to review the petition, but approval depends on the final merits analysis.
Did the court decision make EB-1A easier to obtain?
The decision clarified how evidence should be reviewed, but EB-1A remains a high-standard category.
Can EB-1A be denied even with strong credentials?
Yes. USCIS evaluates the full record and exercises discretion based on the totality of the evidence.
Is EB-1A better than NIW?
It depends on the applicant’s profile. EB-1A has a higher standard but often faster visa availability. NIW is more flexible but may involve longer wait times.
Can EB-1A and NIW be filed at the same time?
In some cases, dual filings may be appropriate depending on strategy and eligibility.
Does EB-1A require continued work in the same field?
Yes. Applicants must show intent to continue working in their area of extraordinary ability.
Is premium processing available for EB-1A?
Yes, in many cases. Premium processing shortens review time but does not increase approval chances.
How NPZ Law Group Can Help
NPZ Law Group assists clients with:
- Evaluating whether EB-1A or NIW is the better strategic fit
- Building petitions aligned with current adjudication trends
- Presenting evidence clearly and persuasively
- Managing expectations while advocating effectively
Each case is reviewed individually.
Final Takeaway
The recent court decision reinforces that USCIS must apply EB-1A regulations as written, without imposing improper barriers. However, EB-1A remains a category reserved for individuals who can clearly demonstrate sustained excellence at the top of their field.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, 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 calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.