EB-1 In 2024–2025

EB-1 In 2024–2025: What AAO Decisions And USCIS Guidance Mean For Your Case (And How To Prepare)

As a New York immigration lawyer guiding EB-1 filings for researchers, founders, artists, and executives, I’m seeing clear patterns in how USCIS and the Administrative Appeals Office (AAO) are reading the rules right now. Below I unpack the latest USCIS policy guidance and very recent AAO non-precedent decisions—and translate them into practical, step-by-step preparation tips for EB-1A (extraordinary ability), EB-1B (outstanding professor/researcher), and EB-1C (multinational executive/manager) cases.

What Changed (or Was Clarified) Recently?

USCIS Policy Manual updates have sharpened how officers evaluate EB-1 evidence:

• EB-1A (Extraordinary Ability): Reaffirmed the two-step “Kazarian” analysis: first decide if the evidence meets the plain text of each regulatory criterion, then do a final merits review of the whole record at EB-1’s very high bar. Team awards can count for the awards criterion if the beneficiary is a named recipient.
• EB-1A & EB-1B evidentiary clarifications (2024): Policy alert (Oct. 2, 2024) explaining how adjudicators weigh awards, memberships, and published material.
• Earlier EB-1 clarifications (Sept. 12, 2023): More detail on evidence types for extraordinary ability (E11) and outstanding professor/researcher (E12) recognition.

USCIS has also refreshed public guidance for STEM pathways (helpful cross-reference if you’re in science/tech).

What AAO Is Saying in 2025 (Real Cases, No Hypotheticals)

EB-1A (Extraordinary Ability)

1. Awards / “lesser prizes” + patents and grants: AAO affirmed that research grants and patents are not automatically “prizes or awards for excellence,” and record must show it was awarded to the beneficiary and nationally/internationally recognized.
2. Memberships: Titles like “advisor” or memberships without documented selection by recognized experts don’t meet the membership criterion.
3. Published material “about” the person: Literature that mentions someone’s paper in passing is not sufficient; USCIS wants substantial discussion about the beneficiary.
4. Original contributions of “major significance”: Patents or citation counts alone are insufficient; field-level impact must be explained with concrete indicators.
5. Letters and leadership/critical role: Generic letters that repeat regulatory language without measurable outcomes don’t carry weight.

EB-1B (Outstanding Professor/Researcher)

AAO decisions in 2024 highlight recurring pitfalls: verifying the permanent research/tenure-track offer, documenting three years of qualifying experience, and proving international recognition with criteria-level evidence rather than general prestige.

EB-1C (Multinational Executive/Manager)

1. Qualifying relationship + credibility of corporate records: Scrutinizes ownership/control evidence and consistency across documents.
2. Executive/managerial capacity requires a real management layer: Officers expect org charts, subordinate job descriptions, and payroll/HR proof showing direction of managers/professionals.
3. Manager abroad prong: Must show beneficiary managed a department, subdivision, function, or component; org charts and hierarchy proof required.

How to Build a Stronger EB-1 File Right Now (Category by Category)

EB-1A: Extraordinary Ability

Map your evidence to the two-step test. Create an index showing which 3+ criteria you satisfy (Step 1), then explain your field-level acclaim (Step 2).

Awards

• Prove the award was yours (not just your lab or company).
• Document selection criteria, jury composition, competitiveness, and geographic recognition.

Memberships

• Provide bylaws or official criteria showing outstanding achievements judged by recognized experts.

Published material “about” you

• Submit full articles and highlight sections that discuss your work specifically.

Original contributions of major significance

• Pair patents/products with downstream impact.
• Have independent experts quantify impact; letters should explain “why” and “how.”

Judging / Leading-critical roles / High remuneration

• Show selection process, scale, and relevance.
• Submit org charts, scope, budgets, KPIs.
• Include objective salary comparators.

EB-1B: Outstanding Professor/Researcher

• International recognition must be shown with qualifying criteria evidence and expert letters.
• Permanent job offer: attach tenure/tenure-track or permanent research letter.
• Three years of experience: provide dated contracts/HR letters specifying teaching/research.

EB-1C: Multinational Executives/Managers

• Qualifying relationship: present consistent ownership/control proof.
• Executive/managerial capacity in the U.S. and abroad.
• Provide org charts for both entities showing layers of management.
• Include subordinates’ titles, education, duties, and status (FT/PT, employees vs. contractors).
• Add job descriptions, payroll, W-2s/1099s or foreign equivalents to corroborate the structure.
• Describe the beneficiary’s policy-setting authority and discretion with examples.
  These are the exact gaps AAO pointed to in recent 2025 decisions.

Common RFE Themes (and How to Pre-Empt Them)

• Show awards are recognized and awarded to YOU; include criteria, jurors, acceptance pages, press.
• Memberships: add bylaws or officer letters linking selection to merit.
• Published material: provide full copies and pinpointed excerpts.
• Letters: quantify outcomes, cite objective markers, tie to field-level changes.
• Executive/managerial duties: supply job descriptions, payroll, org charts proving direction of managers/professionals.
• Qualifying relationship: align ownership/control across documents; fix conflicts proactively.

Helpful References (to Study and Cite)

• USCIS Policy Manual, Vol. 6, Part F, Ch. 2 (EB-1A)
• USCIS Policy Manual, Vol. 6, Part F, Ch. 3 (EB-1B)
• USCIS Policy Manual, Vol. 6, Part F, Ch. 4 (EB-1C)
• USCIS Policy Alert (Oct. 2, 2024)
• USCIS Policy Alert (Sept. 12, 2023)
• AAO Non-Precedent Decisions (2025 EB-1A & EB-1C)

Bottom Line

• EB-1A filings must meticulously map to each criterion and show sustained acclaim with concrete impact.
• EB-1B must document international recognition, permanent employment, and the 3-year experience rule with clear evidence.
• EB-1C depends on credible corporate proof and real managerial layers.

Examples and Decisions

Call to Action

If you’re preparing an EB-1 case—or responding to an RFE—call 917-885-2261 or contact the Law Office of Alena Shautsova to get started with a focused strategy session. We help clients nationwide and internationally from our New York office.

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