EB-1A · Extraordinary Ability · Profession Guide
EB-1A for Entrepreneurs and business owners: Kazarian Criteria & AAO Patterns
How entrepreneurs and business owners satisfy the Kazarian two-step analysis: which of the ten regulatory criteria are most accessible for this profession, and what final-merits evidence has cleared AAO scrutiny.
Based on 6,362 real USCIS AAO decisions · Last updated May 2026
Short answer
EB-1A requires entrepreneurs and business owners to meet at least 3 of the 10 Kazarian regulatory criteria and then clear a final-merits analysis that the petitioner has sustained national or international acclaim. EB-1A denials commonly cite business outcomes (fundraising, revenue, headcount) as insufficient for sustained acclaim.
Most accessible Kazarian criteria for entrepreneurs and business owners
The regulation requires that you meet at least 3 of 10 criteria from 8 CFR § 204.5(h)(3). Below are the criteria most commonly satisfied in EB-1A petitions by entrepreneurs and business owners, with profession-specific evidence patterns.
- 1
Original contributions of major significance
Founder-named patents tied to a national-priority area, federal SBIR / STTR / ARPA-X awards, or regulatory clearances (FDA 510(k), FCC equipment certifications) attributable to the founder.
- 2
Published material about you
Major-media coverage (NYT, WSJ, Forbes, FT, Wired, MIT Tech Review) in which the founder is the subject of the piece — not just paid-PR placements or press releases.
- 3
Leading or critical role for distinguished organizations
CEO / CTO role with org-chart evidence at a venture-backed or government-funded company. Letters from non-investor experts establish "distinguished."
- 4
High salary
Total compensation in the top decile for the role, where applicable. Founders with very high equity but low cash salary often need to argue this differently.
Final-merits framing under Kazarian step 2
Entrepreneur EB-1A is one of the hardest categories — final merits often turns on whether the petitioner can show the field considers them a leader independent of their company. Patents named in the petitioner's personal name, refereed publications pre-dating the company, and non-investor expert letters are the most reliable distinguishing evidence.
Why EB-1A petitions by entrepreneurs and business owners fail at AAO
EB-1A denials commonly cite business outcomes (fundraising, revenue, headcount) as insufficient for sustained acclaim. Founder-named patents tied to a national-priority area shift the framing reliably.
For context: across all professions, 5.9% of NIW appeals are approved at the AAO level. EB-1A appeals follow similar dynamics — most denials are at first-pass USCIS, and AAO data reveals which arguments fail at the highest scrutiny level.
Build your EB-1A petition with profession-specific framing
Our $99 EB-1A Petition Builder generates a Kazarian-framework petition letter section by section, with criterion-by-criterion evidence framing tailored to your profile and references to similar approved AAO cases in our 6,362-decision corpus.
One-time payment, no subscription. Greenway AI is a data + document-generation platform, not a law firm; nothing here is legal advice.