USCIS’s own quarterly data tells a striking story about the EB-1A extraordinary ability green card this year. Approval rates have fallen from roughly 66.9% for all of FY 2025 to about 47.5% in the first quarter of FY 2026, then to roughly 41.7% in the second quarter, and down to approximately 32% by the third quarter of FY 2026. For a category that many applicants assume is simply a paperwork exercise once they clear the initial evidentiary thresholds, that decline is a signal worth understanding before filing.
The Standard on Paper Hasn’t Changed
The legal test for EB-1A hasn’t moved. Under the two-step framework that originated in Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), an officer first checks whether the petitioner meets at least three of the ten regulatory criteria, or has a one-time major achievement such as a Nobel Prize. If that threshold is met, the officer moves to a second step, the final merits determination, weighing the full record to decide whether the person is genuinely among the small percentage at the very top of their field, with sustained national or international acclaim. We discussed how a recent court ruling affected this framework in What a Recent Federal Court Decision Means for EB-1A Green Card Applicants. What has changed is not the legal standard itself, but how rigorously USCIS is applying the second step, and how much room petitioners now have to fix a weak filing after the fact.
Less Room to Fix a Weak Filing
An August 2026 Policy Manual update gave USCIS officers back the option to deny a case on the spot, with no Request for Evidence or Notice of Intent to Deny beforehand, whenever the record as filed doesn’t add up to eligibility. Where an RFE is still issued, applicants also have less time to respond than they would have a year ago. We covered the broader policy shift in USCIS Can Now Deny Cases Without an RFE: 2026 Policy Update. For EB-1A specifically, the practical effect is that the first submission increasingly has to stand on its own. A petition built around volume, rather than evidence that would actually persuade a skeptical officer, no longer has the same safety net it once did.
Recommendation Letters Carry Less Weight on Their Own
The same policy guidance treats affidavits and recommendation letters as supporting evidence rather than standalone proof of eligibility. Letters from colleagues, collaborators, or even well-known figures in a petitioner’s field still matter, but they now need to be tied to independent, verifiable documentation elsewhere in the record, such as citation data, circulation figures, award selection statistics, or compensation benchmarking. A record built mainly on praise, without objective evidence a skeptical reader could check, is more exposed under the current approach than it was a year ago.
What “Top of the Field” Actually Requires
EB-1A does not ask whether an applicant is accomplished. It asks whether the applicant sits among the small percentage who have risen to the very top of their field, with acclaim that is sustained over time and recognized nationally or internationally, not just within a single company, lab, or local community. A strong record from several years ago, without continued recognition since, is less persuasive than it used to be. So is recognition that, however genuine, never extended beyond an applicant’s own circle of colleagues or employer.
Why This Matters Before You File, Not After
A denial becomes part of an applicant’s immigration history, and a weak EB-1A filing can also cost months of processing time that a better-prepared petition, or a different category altogether such as EB-2 with a national interest waiver, might not. Given the current adjudication environment, it is worth having an honest, evidence-based assessment of a case before it is filed, rather than treating the three-criteria threshold as the finish line.
Does this mean EB-1A is no longer worth pursuing?
No. EB-1A still offers real advantages, including the ability to self-petition without an employer sponsor and without the labor certification process. The category has simply become less forgiving of thin or generic filings, which makes the quality of the initial record more important than ever.
I meet three of the ten regulatory criteria for EB-1A. Does that mean my case will be approved?
Not automatically. Meeting three criteria only clears the first step of the Kazarian framework. USCIS still weighs the full record at the final merits stage to decide whether the evidence, taken together, shows sustained national or international acclaim at the very top of the field.
Can USCIS deny my EB-1A petition without giving me a chance to respond to an RFE?
Not necessarily. Since the August 2026 Policy Manual update, an officer who decides the initial record doesn’t establish eligibility can deny the case directly, without an RFE or Notice of Intent to Deny first. In practice, that puts far more pressure on getting the filing right the first time around than petitioners had to deal with in past years.
Is EB-1A still faster than other employment-based green card categories?
EB-1A remains a priority category with access to premium processing on the I-140, and it skips the labor certification process entirely. Those structural advantages haven’t changed, even as the evidentiary bar for approval has become harder to clear.
What should I do if I’m considering an EB-1A petition in the current environment?
Have your record assessed against the current standard before filing, with particular attention to whether your evidence is independent, verifiable, and shows recognition beyond your own employer or immediate circle. For many applicants, it is also worth discussing how EB-1A compares to an EB-2 national interest waiver for their specific situation.
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.