EB-1A · Extraordinary Ability · Profession Guide
EB-1A for Physicians: Kazarian Criteria & AAO Patterns
How physicians 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 physicians 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 physician denials often pass step 1 on volume of evidence and fail final merits because the record describes a competent, busy clinician rather than a national/international leader in the specialty.
Most accessible Kazarian criteria for physicians
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 physicians, with profession-specific evidence patterns.
- 1
Original contributions of major significance
Clinical guideline authorship (AHA / ACS / IDSA / specialty society), novel surgical or therapeutic techniques cited in subsequent literature, or first-in-class drug / device contributions with regulatory filings.
- 2
Authorship of scholarly articles
First or senior author on peer-reviewed publications in NEJM, JAMA, Lancet, or specialty journals (Circulation, Blood, JCO, etc.) with independent citations.
- 3
Service as a judge of others' work
Manuscript peer review for credible journals (with editor confirmation letters), NIH study-section membership, FDA advisory-committee participation.
- 4
Membership in associations requiring outstanding achievement
Fellow of a specialty society admitted by peer election (FACS, FACP, FACC, FAAN) — not paid-membership organizations.
- 5
High salary
Salary in the top decile for the specialty per MGMA or AMA data. Top compensation tends to correspond with academic leadership (chief, chair) rather than community practice.
Final-merits framing under Kazarian step 2
Final-merits framing for physicians often hinges on whether the petitioner is shaping the practice of medicine beyond their own patients — guideline contributions, training the next generation, or therapeutic-innovation work tend to clear the bar; high-volume community practice alone usually does not.
Why EB-1A petitions by physicians fail at AAO
EB-1A physician denials often pass step 1 on volume of evidence and fail final merits because the record describes a competent, busy clinician rather than a national/international leader in the specialty. Guideline authorship and trainee outcomes are the cleanest differentiators.
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.