If your EB-1A extraordinary-ability petition feels harder to win in 2026, the data backs up that impression. Approval rates have softened over the past two fiscal years and Requests for Evidence (RFEs) have become markedly more common — not because the legal standard changed, but because of how aggressively officers now apply the second step of the analysis.
The numbers. USCIS data shows EB-1A approval rates fell from 70.5% in FY2023 to 60.65% in FY2024. In 2026, outcomes vary sharply by filing path: standard (non-premium) approvals have hovered around 43%, while petitions filed with Premium Processing have seen success rates as high as 89%, pulling the blended rate up toward the mid-60s. Practitioner trackers also report RFE rates in the 40–50% range for EB-1A, with a meaningful share of post-RFE denials.
What actually changed. The governing framework — the two-step Kazarian analysis — is unchanged. Step one asks whether you meet at least three of the regulatory criteria; step two is the Final Merits Determination, where the officer weighs all the evidence to decide whether you are truly among “the small percentage at the very top” of your field. Officers are scrutinizing step two far more closely, frequently conceding that an applicant meets three criteria yet still questioning whether the overall record demonstrates sustained national or international acclaim.
The most common RFE triggers right now:
- Awards without context — submitting the award alone is not enough. Officers want the selection criteria, the size and caliber of the competitive pool, and evidence that the issuing body is nationally or internationally recognized.
- Non-independent evidence — recommendation letters from your own employer, PI, or co-founder carry far less weight than independent, third-party recognition.
- Citations and judging presented without evidence that they reflect influence at the top of the field.
What it means for applicants. The bar has not legally risen, but the documentation burden has. Strong 2026 petitions lead with independent, contextualized evidence and explicitly connect each exhibit to the “top of the field” standard rather than relying on a checklist of three criteria. Indian-born applicants should also note the July 2026 Visa Bulletin, where EB-1 India sits at a Final Action Date of June 1, 2023 — so even an approved petition may face a wait before a green card number is available.
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Source: Reddit r/greencard