EB-1 green card evidence requirements depend on your subcategory, but the rule is the same: proof, not titles. For EB-1A, you need a major international award or evidence for at least three of ten criteria. USCIS then runs a final merits review of the whole record. The USCIS Policy Manual says meeting the criteria “in the first step alone does not establish” eligibility. EB-1B and EB-1C need a U.S. employer.
Last updated: November 11, 2026
Key Takeaways
- EB-1 green card evidence requirements have two steps: criteria, then final merits.
- Each criterion needs proof of the selection process, not just the title.
- Missing initial evidence can now mean a denial without an RFE.
- Jumpstart Immigration helps founders build EB-1 petitions, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
Which EB-1 Category Fits Your Background?
EB-1 green card evidence requirements differ by subcategory.
EB-1 subcategories and their evidence
| Subcategory | Who files | Evidence |
|---|---|---|
| EB-1A (extraordinary ability) | You or anyone for you | Major award or 3 of 10 criteria |
| EB-1B (outstanding researcher) | U.S. employer | 2 of 6 criteria, 3 years of experience |
| EB-1C (multinational manager) | U.S. employer | 1 year managing abroad, related company |
Source: the federal regulation on employment-based petitions. For EB-2 NIW, see EB-1 vs EB-2 NIW Requirements.
What Are the 10 Criteria for EB-1?
Without a “one-time achievement (that is, a major, international recognized award),” EB-1A needs at least three of these ten criteria, under the federal regulation on employment-based petitions:
- Recognized prizes or awards
- Membership in associations requiring outstanding achievement
- Published material about you
- Judging the work of others
- Original contributions of major significance
- Scholarly articles
- Artistic exhibitions or showcases
- Leading or critical role
- High salary
- Commercial success in the performing arts
EB-1 Green Card Evidence Requirements, Criterion by Criterion
The EB-1 green card evidence requirements follow one pattern across all ten criteria. Officers want proof of how you were selected or what your work changed, not just the honor or title.
1. Prizes or awards
The regulation asks for “lesser nationally or internationally recognized prizes or awards for excellence.” Submit the certificate, the selection rules, who judged and how many people won. Awards open only to one company or one city rarely show national recognition.
2. Membership
The association must “require outstanding achievements of their members, as judged by recognized national or international experts.” Submit the bylaws or admission rules. Memberships you can buy, or that only require a degree or years of experience, do not meet this.
3. Published material about you
The federal regulation on employment-based petitions says this evidence “shall include the title, date, and author of the material, and any necessary translation.” Submit the full article plus the outlet’s circulation or audience. The story must be about you and your work, not just quote you.
4. Judging the work of others
You can judge “either individually or on a panel,” in your field or an allied one. Submit the invitation and proof the review was done, such as confirmation emails or reviewer records. Peer review for journals, grant panels and competition juries are common examples.
5. Original contributions of major significance
The USCIS Policy Manual says work that was “funded, patented, or published… will not necessarily establish, on its own” major significance. Show what others did with it: licenses, adoption, revenue, citations above field norms, and expert letters explaining the impact. A pending patent needs extra evidence.
6. Scholarly articles
The articles must appear “in professional or major trade publications or other major media.” Submit the full article and the journal’s details. A short list of strong outlets usually reads better than a long list of low-impact ones.
7. Artistic exhibitions or showcases
This criterion is for artists: “the display of the alien’s work in the field at artistic exhibitions or showcases.” Submit catalogs, programs and proof of the venue’s reputation and selection process.
8. Leading or critical role
The USCIS Policy Manual lists “Founder or co-founder of, or contributor of intellectual property to, a startup business that has a distinguished reputation.” It adds: “It is not the title of the person’s role, but rather the person’s performance in the role” that counts. Significant startup funding supports the company’s reputation.
9. High salary
Pay must be high “in relation to others in the field.” The USCIS Policy Manual says “a credible contract or job offer showing prospective salary” may count. Compare it with data for the same role and location, such as Bureau of Labor Statistics wages.
10. Commercial success in the performing arts
The regulation names “box office receipts or record, cassette, compact disk, or video sales.” Today, streaming and sales reports with independent rankings help put the numbers in context.
Comparable Evidence When a Criterion Does Not Fit
If the criteria “do not readily apply to the beneficiary’s occupation,” the federal regulation on employment-based petitions allows comparable evidence. For founders, the USCIS Policy Manual gives “highly valued equity holdings in the startup” as comparable to a high salary. It also says “There is no comparable evidence for the one-time achievement.”
Why Meeting Three EB-1 Criteria Is Not Enough
The USCIS Policy Manual says “objectively meeting the regulatory criteria in the first step alone does not establish” eligibility. In the second step, the officer asks whether you are “one of that small percentage who have risen to the very top of the field of endeavor.”
What the final merits review looks for
The USCIS Policy Manual also requires “sustained national or international acclaim.” Sustained does not imply an age limit, but recognition from several years, from people outside your company, reads stronger than a burst of activity right before filing. See EB-1 Green Card Denial Reasons.
What Is a USCIS Request for Evidence?
A Request for Evidence (RFE) asks you for missing or clarifying evidence before USCIS decides. Under USCIS’s August 5, 2026 Policy Alert on Evidence, Requests for Evidence, and Notices of Intent to Deny, an RFE can give up to 12 weeks, and “Additional time to respond… may not be granted.”
Officers can also deny without an RFE when initial evidence is missing. That makes a complete first filing your main protection.
Common RFE triggers
- Letters with no documents behind them
- Articles about the company, not you
- Judging invitations with no proof of review
- Contributions with no proof of outside impact
- Salary with no comparison data
- Achievements that came after filing
How to preempt them
Tie every exhibit to one criterion. You must be eligible “at the time of filing,” under the federal regulation. The USCIS Policy Manual says support letters “should not form the cornerstone” of a petition. See EB-1 Green Card Recommendation Letters.
Credential-to-Criterion Map for Founders and Researchers
Founders often ask how their record fits the EB-1 green card evidence requirements. Most credentials map to a few criteria. Each one counts only when the documents prove the criterion’s elements.
Credential map
Common credentials and the EB-1A criteria
| Credential | Criterion | Proof |
|---|---|---|
| Venture-backed startup you founded | Leading or critical role | Funding, press, investor letters |
| Profile in major press | Published material | Title, date, author, audience |
| Patent in commercial use | Original contributions | Licenses, revenue, adoption |
| Peer review for journals | Judging | Requests and completed reviews |
| Equity at a priced round | High salary (comparable) | Valuation, peer data |
What does not count on its own
Acceptance into an accelerator such as Y Combinator is not a criterion; it supports your startup’s reputation. A conference talk is not judging unless you evaluated other people’s work. See EB-1A Evidence Requirements and EB-1 Visa Evidence Requirements: The Founder Playbook.
EB-1B and EB-1C Evidence at a Glance
The EB-1 green card evidence requirements for the two employer-sponsored subcategories are shorter but stricter on paperwork.
EB-1B: outstanding professors and researchers
A U.S. employer files with a tenured, tenure-track or permanent research offer, evidence for two of six criteria and at least 3 years of teaching or research. Experience letters “shall include the name, address, and title of the writer.” A private employer must employ “at least three persons full-time in research positions.” See EB-1B Outstanding Researcher Requirements.
EB-1C: multinational managers and executives
The U.S. employer shows at least 1 year as a manager or executive abroad in the 3 years before filing, a related company, at least 1 year of U.S. business and a job offer describing managerial duties. See EB-1 Green Card Documents: The Complete Checklist.
What Are the New Rules for EB-1 Green Cards?
None of these changes altered the ten criteria, but each affects how you file:
- October 2, 2024: Policy Alert clarifying EB-1A criteria, now in the USCIS Policy Manual
- March 1, 2026: premium processing rose to $2,965 (Federal Register)
- August 5, 2026: denials possible without an RFE (Policy Alert)
- October 23, 2026: new deadline rules for paper filings (Policy Alert)
Who Can File an EB-1 Petition?
Under the federal regulation on employment-based petitions, “An alien, or any person on behalf of the alien, may file” for EB-1A. You must show you will continue your work in the U.S., with “letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans.”
EB-1B and EB-1C need a U.S. employer. See How to Self-Petition for an EB-1A Green Card.
Is an EB-1 Visa Hard to Get?
Yes, and harder in 2026. USCIS approved 32.2% of decided EB-1A petitions in FY2026 Q3 (April to June 2026), down from 74.7% in FY2025 Q1 (October to December 2024), based on its Form I-140 data. Meeting the EB-1 green card evidence requirements in full matters more than ever. See EB-1 Visa Approval Rates.
Current wait times
USCIS completed 80% of EB-1A Form I-140 petitions within 32.5 months, and 80% of employment-based Form I-485 applications within 9.5 months, as of October 16, 2026 (processing times). Premium processing gets an EB-1A action within 15 business days, under the federal regulation.
The Visa Bulletin
In the November 2026 Visa Bulletin, EB-1 final action dates are current for most countries, February 1, 2023 for India and August 1, 2023 for China. EB-2 is April 1, 2025 for most countries.
Moving From EB-2 to EB-1
You can file a new EB-1 petition while holding an EB-2. Under the federal regulation on employment-based petitions, an approved petition “accords the alien the priority date of the approved petition for any subsequently filed petition.” With several approved petitions, you keep “the earliest priority date.” A denied petition does not set a priority date.
How Jumpstart Immigration Helps
Jumpstart Immigration helps founders and executives map their record to the EB-1 green card evidence requirements and prepare the petition, using a methodology trained on USCIS adjudicator decisions. Petitions are typically ready in about three weeks, and if the petition is denied, the fee is refunded. Legal services are performed by independent licensed attorneys.
Frequently Asked Questions
What is a USCIS Request for Evidence?
It is a notice asking for missing or unclear evidence before USCIS decides, such as proof for one of the EB-1 green card evidence requirements. The response period cannot exceed 12 weeks, and no extra time is granted. Since the August 5, 2026 Policy Alert, USCIS can deny without an RFE when initial evidence is missing.
Can I file EB-1 on my own?
Only in EB-1A. The federal regulation on employment-based petitions says “any person on behalf of the alien” may file, including you. EB-1B and EB-1C need a U.S. employer.
What are the 10 criteria for EB-1?
Awards, selective membership, published material about you, judging, original contributions of major significance, scholarly articles, artistic exhibitions, a leading or critical role, high salary and commercial success in the performing arts. EB-1A needs three, or a major international award.
What is the current wait time for an EB-1 green card?
USCIS completed 80% of EB-1A I-140 petitions within 32.5 months as of October 16, 2026 (processing times). In the November 2026 Visa Bulletin, EB-1 is current for most countries, but India and China wait longer.
What is the expected EB-1 approval rate in 2026?
USCIS does not publish forecasts. For EB-1A, it approved 32.2% of decided petitions in FY2026 Q3, down from 74.7% in FY2025 Q1, based on its Form I-140 data.
Can I move from EB-2 to EB-1?
Yes. You can file a new EB-1 petition, and an approved EB-2 petition gives you its priority date for later petitions, under the federal regulation on employment-based petitions. You must still meet the EB-1 green card evidence requirements on their own.
Can I file EB-1 and EB-2 at the same time?
Yes. The federal regulation on employment-based petitions covers people with “multiple approved petitions” and gives them “the earliest priority date.” Each petition is decided on its own evidence.
How long does it take for I-485 to be approved for EB-1?
USCIS completed 80% of employment-based Form I-485 applications within 9.5 months as of October 16, 2026, according to its processing times page. Your priority date must also be current.
Why do EB-1 petitions fail after meeting three criteria?
Because the USCIS Policy Manual adds a final merits review. The officer asks whether the whole record shows you are “one of that small percentage who have risen to the very top of the field of endeavor.”
What are the new rules for EB-1 green cards?
The October 2, 2024 Policy Alert clarified the EB-1A criteria, premium processing rose to $2,965 on March 1, 2026, and the August 5, 2026 Policy Alert allows denials without an RFE. The ten criteria did not change.
Conclusion: Meet the EB-1 Green Card Evidence Requirements With Proof
Meeting EB-1 green card evidence requirements takes documents for each criterion and a record of sustained acclaim. Build it before you file.
Jumpstart Immigration helps founders build that record, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
*Jumpstart is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys.
