USCIS applies a two-part test to adjudicate EB1A cases:
Whether the evidence provided satisfy as One-time Achievement or meets at least three criteria provided by law, including:
- Evidence of lesser nationally or internationally recognized prizes or awards for excellence.
- Evidence of membership in associations in the field that demand outstanding achievement of their members.
- Evidence of published material about the applicant in professional or major trade publications or other major media.
- Evidence of participation by the alien as a judge, either individually or on a panel, of others’ work.
- Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
- Evidence of authorship of scholarly articles in professional journals or major trade publications or other major media.
- Evidence of work that has been displayed at artistic exhibitions or showcases.
- Evidence of having taken on a leading or critical role in distinguished organizations.
- Evidence that the applicant commands a high salary or other significantly high remuneration relative to others in the same field.
- Evidence of commercial success in the performing arts, as shown by either box office receipts or cassette, compact disc, video, or DVD sales.
Final merits determination: considering all provided evidence, whether the alien demonstrates by preponderance of evidence that he/she (i) has risen to the very top of the field of endeavor; and (ii) sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.
Therefore, merely meeting 3 out of 10 criteria does not guarantee approval of EB1A petition. E.g., athlete who won Olympic metal 10 years ago but has not recently receive any national or international award may be considered as fails to sustaine his/her international acclaims.