The USCIS Policy Manual on EB-1A: How Officers Actually Decide

Written by the Ellis Porter content team. This article has not been reviewed by an attorney. It is general information, not legal advice.

In plain English: The USCIS Policy Manual is the rulebook officers use to decide EB-1A cases, and reading how they think helps you build a stronger petition. The key is that USCIS uses a two-step approach. First they count whether you meet at least three of the ten criteria. Then, separately, they step back and weigh all your evidence together to decide whether it really shows you are at the top of your field. Many denials happen at that second step even when three criteria are technically met. Understanding this is why strong petitions focus on impact and framing, not just checking boxes. How your case will be read is still fact-specific.

Reading the room before you file

If you are getting ready to file an EB-1A, it helps to know how the officer on the other end is actually taught to think. Once you see it, a lot of the guesswork falls away. Here is how it really works, in plain terms.

The USCIS Policy Manual is the internal guidance officers use to decide petitions, including the EB-1A. Reading how USCIS is instructed to think is one of the most useful things you can do before filing, because it reveals where cases are actually won and lost, and it is not where most applicants assume.

The short version: USCIS does not simply count your criteria and approve. It uses a two-step analysis, and the second step, which many applicants have never heard of, is where a large share of denials happen. Understanding it changes how you build the petition.

Step one: the initial evidentiary review

Following Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), the first step is a threshold count. The officer asks: do you meet at least three of the ten criteria in 8 CFR 204.5(h)(3), or hold one major internationally recognized award?

At this stage, the officer is checking whether the evidence exists and satisfies each criterion’s plain terms, not yet whether it is impressive enough overall. Meeting three criteria gets you past step one. It does not approve your case.

Step two: where the decision is really made

Here is the step that decides most cases. This is the part worth slowing down on, because it is the one most applicants never see coming. After counting criteria, the officer makes a final merits determination: a holistic evaluation of all the evidence together to decide whether it shows:

• Sustained national or international acclaim, and
• That you are among the small percentage who have risen to the very top of the field.

This is a qualitative judgment, not a checklist. The officer can conclude that your three criteria, taken together with everything else, do or do not establish extraordinary ability. This is why two petitions with the same three criteria can end differently, and why "I meet three criteria" is not the same as "I qualify."

Why strong-looking petitions still get denied

Most surprising denials trace to step two. Common patterns:

• Awards that are minor or local, satisfying criterion 1 on paper but not showing acclaim.
• Published material that barely mentions you, technically meeting criterion 3 but adding little.
• Contributions labeled "original" without evidence of significance, the single most common weak spot.
• A record that reads as competent but ordinary in the field, rather than top-of-field.

None of these fail at step one. They fail at the final merits step, because the totality does not show what the standard requires.

No magic numbers

A related point the Policy Manual makes clear: there are no fixed numerical thresholds, no required citation count, no minimum number of articles. Officers weigh the quality, significance, and independence of evidence in context. Anyone promising that a specific number guarantees approval is misreading how adjudication works.

How to build for how USCIS actually decides

None of this means the process is a mystery. Once you know both steps exist, you can build the petition to answer each of them on purpose. Because the final merits determination weighs the whole record, the strongest EB-1A petitions:

1. Emphasize impact and significance, not just the existence of evidence.
2. Use independent evidence, third-party recognition rather than self-referential proof.
3. Connect each criterion to real-world influence in the field.
4. Present a coherent narrative of sustained acclaim, so the officer at step two sees top-of-field standing.

Understanding how officers read a case, and building the petition to satisfy both steps, is exactly where experienced counsel earns its value. How your specific record will be evaluated is fact-specific, so a licensed Ellis Porter attorney can give you an honest read against the standard USCIS actually applies, without promising a result.

This article is general information, not legal advice, and does not create an attorney-client relationship. How USCIS evaluates a petition depends on its specific facts. Consult a licensed immigration attorney.

Frequently asked questions

What does the USCIS Policy Manual say about EB-1A?

The Policy Manual (Volume 6, Part F) explains how officers evaluate extraordinary-ability petitions using a two-step analysis from Kazarian v. USCIS. Step one determines whether you meet the initial evidentiary criteria (at least three of ten, or a major award). Step two is a final merits determination weighing all evidence to decide whether you have sustained acclaim and are among the small percentage at the top of the field.

What is the two-step analysis for EB-1A?

It is the framework USCIS uses after Kazarian. Step one is a threshold count: do you meet at least three of the ten criteria in 8 CFR 204.5(h)(3), or hold one major internationally recognized award. Step two is the final merits determination, where the officer weighs the totality of the evidence to decide whether it establishes extraordinary ability. Meeting step one does not guarantee passing step two.

What is the final merits determination?

It is the second step of EB-1A adjudication, where the officer looks at all the evidence together, not criterion by criterion, to decide whether it shows sustained national or international acclaim and that you are one of the small percentage at the very top of your field. A petition can satisfy three criteria and still be denied here if the record as a whole does not show that standing.

Why does USCIS deny EB-1A cases that meet three criteria?

Because meeting three criteria only clears step one. At the final merits step, USCIS can conclude that the evidence, taken as a whole, does not demonstrate top-of-field acclaim, for example if the awards are minor, the published material is thin, or the contributions are not shown to be significant. This is the most common reason strong-looking petitions are denied, and why framing and impact evidence matter.

Does the Policy Manual set citation or number thresholds for EB-1A?

No. The Policy Manual describes how to weigh evidence, not fixed numerical thresholds like a required citation count. Officers evaluate the quality, significance, and independence of evidence in context. Anyone claiming a specific number guarantees approval is misreading how adjudication works. What matters is what the evidence shows about your standing in the field.

How can I use the Policy Manual to strengthen my EB-1A?

By building for step two, not just step one. Because the final merits determination weighs the whole record, strong petitions emphasize the significance and independence of the evidence, connect each criterion to real impact, and present a coherent narrative of sustained acclaim. Understanding how officers read cases is exactly where experienced counsel adds value, though your outcome remains fact-specific.