Understanding the EB-1 Green Card: Subcategories, Required Evidence, Reference Letters, and Common Reasons for Denial

Understanding the EB-1 Green Card: Subcategories, Required Evidence, Reference Letters, and Common Reasons for Denial

By Alena Shautsova, New York Immigration Lawyer

The EB-1 immigrant visa category is one of the most advantageous paths to U.S. permanent residency. It is designed for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives. Many applicants choose the EB-1 category because it avoids the labor certification process and often enjoys faster processing.

However, EB-1 applications are also among the most scrutinized by USCIS, and the standards are high. To succeed, applicants must show an exceptional level of accomplishment and provide evidence that satisfies strict regulatory criteria. Below, I break down the EB-1 subcategories, explain what USCIS requires in reference letters, and highlight the most common reasons for denials—along with practical strategies to avoid them.

All legal references come directly from official USCIS sources at uscis.gov.

1. The Three Subcategories of EB-1
2. EB-1A: Extraordinary Ability (INA §203(b)(1)(A))

The EB-1A category is reserved for individuals who have demonstrated “sustained national or international acclaim” and whose achievements place them among the small percentage at the very top of their field.

USCIS regulations (8 C.F.R. §204.5(h)) provide two pathways:

• One-time major international award (e.g., Nobel Prize), OR
• Meeting at least 3 of 10 regulatory criteria, including:
  • Lesser nationally or internationally recognized awards
  • Published material about the applicant
  • Original contributions of major significance
  • Authorship of scholarly articles
  • Display of work in exhibitions
  • Judging the work of others
  • High salary, etc.

Key advantage:
The EB-1A does not require a job offer or employer sponsorship, and allows self-petitioning.

2. EB-1B: Outstanding Professors and Researchers (INA §203(b)(1)(B))

The EB-1B category is for academics who have demonstrated international recognition for their outstanding achievements.

To qualify under 8 C.F.R. §204.5(i), the applicant must show:

• At least three years of teaching or research experience, AND
• A permanent job offer from a U.S. university or qualifying research institution, AND
• Evidence meeting at least two of six regulatory criteria:
  • Major prizes or awards
  • Membership in associations requiring outstanding achievements
  • Published material about the applicant’s research
  • Original scientific or scholarly contributions
  • Authorship of scholarly books or articles
  • Participation as judge of others’ research

3. EB-1C: Multinational Managers or Executives (INA §203(b)(1)(C))

This category is for high-level managers and executives who have worked abroad for a qualifying multinational company.

USCIS requires proof that:

• The applicant worked outside the U.S. for at least one continuous year in managerial or executive capacity during the past three years;
• The U.S. employer is a qualifying multinational organization with a proper relationship to the foreign entity;
• The applicant will work in the U.S. in a managerial or executive capacity.

Evidence must clearly show job duties, organizational structure, and authority.

1. What USCIS Requires in Reference Letters for EB-1 Cases

Reference letters—also known as expert opinion letters—are commonly used to help meet EB-1 criteria. However, USCIS does not accept letters alone as evidence. Under the 2010 Kazarian framework (adopted by USCIS), letters must:

1. Address Specific Regulatory Criteria

A reference letter must directly relate to one or more of the EB-1 criteria listed in 8 C.F.R. §§204.5(h), 204.5(i), or 204.5(j).
Letters must not be generic or vague.

2. Provide Detailed, Verifiable Facts

USCIS looks for objective descriptions, including:

• Specific examples of the applicant’s scientific, artistic, academic, business, or athletic achievements
• Clear explanation of why the applicant’s contributions are significant
• Concrete evidence of impact, such as adoption, citations, commercial success, awards, or measurable influence

3. Establish the Author’s Authority and Expertise

The letter must include:

• The expert’s full name, title, and institutional affiliation
• Credentials that demonstrate expertise
• Explanation of how they know the applicant’s work
• Confirmation that the expert is qualified to assess its value

4. Avoid Exaggerated or Unsupported Statements

USCIS frequently rejects letters that contain:

• Subjective praise without evidence
• Broad claims about being “the best,” “groundbreaking,” or “unique” without data
• Statements that repeat the applicant’s resume instead of evaluating its significance

5. Provide Independent, Third-Party Perspective (Preferred)

While internal employer letters can help, independent experts carry more weight.

6. Align with Documentary Evidence

Every claim made in the letter should be supported by:

• Published material
• Citation records
• Patents
• Awards
• Employment documentation
• Contracts or financial records
• Field-specific metrics from authoritative sources (e.g., citation databases, industry rankings)

Letters without corroborating evidence are often discounted.

III. Most Common Reasons for EB-1 Denials and How to Avoid Them

USCIS publishes information on denial trends through its Policy Manual and adjudication training materials. Based on USCIS guidance, the most common denial issues include:

1. Failure to Meet the Minimum Number of Regulatory Criteria

For EB-1A and EB-1B, applicants must meet a specific number of criteria. USCIS often denies cases where:

• The evidence is too thin or superficial
• The applicant does not prove they satisfy at least 3 criteria (EB-1A) or 2 criteria (EB-1B)

How to avoid denial:
✔ Provide multiple strong pieces of evidence for each criterion
✔ Include independent documentation (not just letters)
✔ Follow USCIS’s exact regulatory language

2. Not Demonstrating that Evidentiary Criteria Rise to the Level of “Extraordinary Ability” or “Outstanding”

Under the final merits determination, USCIS evaluates:

• The applicant’s overall career achievements
• Whether the applicant is truly among “the top small percentage” in the field (EB-1A)
• Whether contributions are “significant” (EB-1A & EB-1B)

How to avoid denial:
✔ Use quantifiable metrics: citations, adoption, rankings, revenue, user base
✔ Provide evidence of national/international reputation
✔ Show sustained acclaim rather than isolated achievements

3. Letters That Are Too General or Unsupported

USCIS routinely rejects cases where the reference letters:

• Use generic praise
• Fail to explain specific accomplishments
• Are written by colleagues without independent authority
• Contradict other evidence or appear formulaic

How to avoid denial:
✔ Ensure letters contain specific, objective details
✔ Confirm authors’ credentials
✔ Provide independent evidence supporting each letter’s claims
✔ Avoid copy-paste or template-style language

4. Unclear or Insufficient Evidence of Original Contributions

USCIS may deny a case if:

• The applicant claims a major contribution but cannot show real-world impact
• Influence on the field is not documented
• Publications or patents are not widely used, cited, or implemented

How to avoid denial:
✔ Provide objective evidence of impact:

• Citation records
• Media coverage
• Commercial adoption
• Industry awards
  ✔ Include expert letters that explain what changed in the field because of the applicant

5. Misunderstanding the Applicant’s Role or Achievements

USCIS often denies cases when:

• The applicant’s position is exaggerated
• Job duties do not match managerial/executive definitions (EB-1C)
• The applicant appears more like a specialized employee than an executive
• Evidence is inconsistent

How to avoid denial:
✔ Provide organizational charts
✔ Include detailed job descriptions
✔ Provide proof of authority (budgets, direct reports, decision-making role)

6. Failure to Prove International Recognition (EB-1B)

USCIS examines whether the applicant is recognized internationally, not only within their institution.

How to avoid denial:
✔ Include citation analysis
✔ Provide documentation of worldwide presentations, conferences, awards
✔ Show global use or adoption of the applicant’s work

7. Reliance on Weak or Inappropriate Evidence

Examples of insufficient evidence include:

• Local awards presented as international awards
• Inactive or low-impact professional memberships
• Unverified publications
• Predatory journals (USCIS may challenge them)

How to avoid denial:
✔ Use only reputable, verifiable sources
✔ Verify journal rankings, peer-review status, and publication credibility
✔ Provide context explaining why certain achievements are significant

1. Practical Tips for a Successful EB-1 Petition

✔ Organize the petition according to USCIS criteria

A well-structured, index-driven submission helps the officer review the evidence efficiently.

✔ Use primary, objective evidence

USCIS heavily favors government records, academic metrics, reputable databases, and independently verifiable documentation.

✔ Provide legal arguments with citations to USCIS Policy Manual and Code of Federal Regulations

A strong legal brief can clarify how the evidence satisfies the law.

✔ Prepare for Requests for Evidence (RFEs)

Many EB-1 cases receive RFEs. The strength of the initial packet often determines the outcome.

✔ Work with experienced counsel

The EB-1 category is nuanced and fact-intensive; a tailored legal strategy is essential.

Conclusion

The EB-1 category offers one of the fastest and most prestigious paths to a green card in the United States, but it requires a thorough understanding of USCIS standards, evidentiary criteria, and adjudication trends. By presenting strong documentary evidence, carefully crafted reference letters, and a persuasive legal argument, applicants can significantly increase their chances of approval.

If you are considering an EB-1A, EB-1B, or EB-1C petition, professional guidance is essential. Each case is unique, and the stakes are high.

Contact Information

Law Office of Alena Shautsova
New York Immigration Lawyer
📞 917-885-2261
🌐 www.shautsova.com