The 3 Out of 10 Rule: What USCIS Really Means by 'Extraordinary Ability' for EB-1A
You don't need a Nobel Prize to qualify for EB-1A. You only need to meet 3 out of 10 specific criteria and understand what "meeting" a criterion actually means.
Quick Answer
The EB-1A "extraordinary ability" green card requires meeting 3 out of 10 evidence-based criteria set by USCIS. Most qualified immigrants misunderstand what "meeting" a criterion means, leading to weak applications or years of delay.
The gap isn't ability - it's knowing which 3 criteria fit your profile and how to prove them with third-party evidence.
Frequently Asked Questions
1. Do I really only need 3 out of 10 criteria?
Yes. USCIS explicitly requires 3, not 10. Each criterion has a high evidence bar, and after meeting 3, USCIS evaluates whether your overall case proves extraordinary ability.
2. Can I meet the same criterion multiple times?
No. If you have 10 awards, that's still just 1 criterion. You need to satisfy 3 different categories of evidence.
3. What if I meet 2 criteria strongly but only partially meet a 3rd?
USCIS evaluates on a met/not met basis. Partial evidence typically doesn't count. You'd need to strengthen that 3rd criterion or pursue a different one.
4. Which 3 criteria are easiest to meet?
It depends on your field. For researchers: judging, authorship, original contributions. For founders: high salary, critical role, press. For creatives: display of work, awards, commercial success.
5. I have a PhD and 20 publications. Am I automatically qualified?
Not necessarily. Publications fall under 1 criterion (authorship). You'd still need 2 more. A PhD alone doesn't prove extraordinary ability—USCIS wants evidence of acclaim beyond typical academic achievement.
6. Can I apply for EB-1A while on an H-1B or F-1?
Yes. EB-1A is a self-petition, so your current visa status doesn't restrict you.
7. How long does it take to go from 2 criteria to 3?
It depends on the criterion. Judging experience or press coverage can be achieved in 6-12 months with the right strategy.
8. What's the difference between EB-1A and O-1A?
EB-1A is a green card (permanent residence). O-1A is a temporary work visa. Both use similar criteria, but EB-1A has a higher evidence bar.
9. Do I need an attorney to apply for EB-1A?
Most applicants work with an attorney because the petition requires legal precision. However, understanding eligibility before hiring an attorney saves time and money.
10. What happens if I meet 3 criteria but USCIS still denies me?
This happens at the "final merits determination" stage. USCIS may argue your evidence doesn't prove you're at the "top of your field." This is why narrative structure and evidence quality matter as much as meeting the criteria.
