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The Two-Step Approach: Understanding the Kazarian Framework for EB-1A

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At the heart of the EB-1A process lies the Kazarian Framework—a two-step judicial approach that has fundamentally transformed how extraordinary ability is evaluated.

The Genesis of the Kazarian Framework

The framework emerged from a landmark case that reshaped the interpretation of extraordinary ability requirements. Named after Cesar Kazarian, the framework provides a systematic method for assessing an individual's qualifications for the EB-1A visa—a path reserved for those who demonstrate sustained national or international acclaim in their respective fields.

Step One: Counting the Criteria

Preliminary Qualification: Meeting the Evidentiary Threshold

The first step of the Kazarian Framework focuses on a quantitative assessment. Applicants must demonstrate:

  • Receipt of a major, internationally recognized award OR
  • Evidence of at least three of the ten specific evidentiary criteria established by U.S. Citizenship and Immigration Services (USCIS)

The Ten Criteria Breakdown

The criteria span a wide range of professional achievements, including:

  1. Prestigious Awards
  2. Professional Association Memberships
  3. Published Material About the Applicant
  4. Judging Others' Contributions
  5. Original Scientific Contributions
  6. Authorship of Scholarly Articles
  7. Artistic Exhibitions
  8. Leading/Critical Roles
  9. High Remuneration
  10. Commercial Success

Nuanced Interpretation

Notably, meeting these criteria is not a simple checkbox exercise. Each piece of evidence must be substantive and demonstrative of genuine extraordinary ability.

Step Two: Final Merits Determination

Beyond the Checklist: Qualitative Assessment

The second step represents the Kazarian Framework's most innovative contribution. Here, USCIS conducts a holistic, qualitative evaluation that transcends mere numerical compliance.

The Comprehensive Lens

Adjudicators examine the totality of evidence, asking a fundamental question: Does the applicant's body of work truly represent extraordinary ability at a level significantly above their peers?

Key Considerations
  • Sustained national or international acclaim
  • Recognized contributions to their field
  • Potential for substantial prospective benefits to the United States

Potential Pitfalls

⚠️ Warning: Many applicants mistakenly believe that meeting the initial criteria guarantees approval. The final merits determination demands a compelling narrative of exceptional achievement.

Strategic Recommendations

Crafting a Winning Application

  1. Comprehensive Documentation: Gather robust, verifiable evidence
  2. Narrative Coherence: Develop a clear, compelling story of extraordinary achievement
  3. Expert Testimonials: Secure letters from recognized leaders in the field

Conclusion: A Nuanced Path to Recognition

The Kazarian Framework represents more than a legal mechanism—it's a sophisticated approach to recognizing genuine extraordinary ability. By implementing a two-step process, USCIS ensures that the EB-1A visa remains a testament to true exceptional talent.

This article provides general information and does not constitute legal advice. Immigration regulations and processing times change frequently, and individual cases may vary.