EB-1A three criteria threshold

The EB-1A requires that you satisfy three out of ten specific criteria demonstrating "extraordinary ability." This is not a simple majority rule—three correct answers from the list, or approximately 30% of all possible evidence. If your petition fails to meet this minimum threshold, it will be denied regardless of other strengths in your case.

What the three-criterion threshold means

The ten criteria are:

1. Receipt of a major international award

2. Membership in associations that require outstanding achievements

3. Published material about you in professional or major trade publications

4. Participation as a judge of others' work in the field

5. Original scientific, scholarly, artistic, athletic, or business-related contributions of original significance

6. Authorship of scholarly articles in professional journals

7. Display of your work at sustained named exhibition(s)

8. Performance in a leading or critical role for organizations with national/international recognition

9. Commanding a high salary or remuneration for services

10. Membership in associations that require outstanding achievements

You must demonstrate three—not necessarily three different categories—and each criterion requires substantial, documented evidence.

How the AAO evaluates it

The decisions you've reviewed consistently show how petitioners failed to meet this threshold:

• Apr122012_02B2203 (artist): The record indicates insufficient published material and no major international awards. Membership in professional associations alone was not enough.

• Apr152019_01B2203 (neurosurgery): Demonstrated original contributions but lacked evidence of sustained recognition through high salary or major association membership.

• Apr162019_02B2203 (dentistry): Had professional publications and awards, but the record suggests these were not "major" in scope or duration.

• Apr182012_01B2203: The decision notes that authorship of scholarly articles alone was insufficient without additional evidence of sustained recognition.

These are examples of reasoning patterns—not binding precedent. AAO decisions on non-precedent matters cannot be relied upon as authority, but they do illustrate common reasons petitions fail at this threshold: weak evidence for each criterion, lack of "sustained" or "leading" role documentation, and insufficient scale in awards/publications.

Practical guidance

To meet the three-criterion threshold:

• Do not guess what criteria you might qualify under. Review all ten carefully.

• For publications, aim for major trade journals with wide circulation, not niche academic journals.

• Awards must be significant—international competitions or national-level honors count more than local recognition.

• Evidence of "sustained" participation matters: one exhibition is insufficient; multiple exhibitions at named venues over time strengthens your case.

Source Note

Non-precedent AAO decisions are used as evidence examples. They are not binding authority and do not predict any individual case.