Clarifies how officers evaluate continuity of recognition in EB-1A and O-1 cases and why isolated achievements often fail at final merits.
In the world of high-stakes immigration, a single moment of brilliance is rarely enough. We often speak with clients who have achieved something remarkable, such as a viral technological breakthrough, a bestselling book, or a prestigious industry award, only to find their petition denied. The reason usually lies in a subtle but critical distinction made by U.S. Citizenship and Immigration Services: the difference between a "one-time success" and "sustained national or international acclaim."
For EB-1A and O-1 applicants, proving you had a good year is not the same as proving you are at the top of your field. Adjudicators are trained to look for a career arc that bends upward and stays there. The denial patterns we are seeing in 2025–26 indicate a sharper focus on the durability of your reputation.
Under the regulations, there is only one type of "one-time achievement" that guarantees a green card on its own, which is a major, internationally recognized award like a Nobel Prize, an Oscar, or an Olympic Medal. Everything else falls under the 3-of-10 criteria framework. A common misstep occurs when an applicant relies heavily on a single project to satisfy multiple criteria.
If you published a groundbreaking paper in 2021 but have had minimal citation growth since, USCIS may view your acclaim as historic rather than sustained. Adjudicators often ask what you have done lately. If your evidence is clustered tightly around a single event from three years ago, it signals a lack of ongoing influence. To overcome this, your petition must demonstrate that your initial success triggered a chain reaction of continued recognition, speaking engagements, and leadership roles that persists to the present day.
This distinction often leads to a denial not at the first stage of counting evidence, but at the second stage known as the Final Merits Determination. This is the Kazarian analysis where officers assess the totality of the evidence. An officer might agree that you meet the criteria for Awards, Press, and Original Contributions. However, if all three stem from one isolated product launch or event, they can still deny the case on the grounds that you do not enjoy sustained acclaim.
To survive this Final Merits analysis, the evidence must show a pattern. A high salary in 2022 is less persuasive if it dropped back to industry averages in 2024. Press coverage from a single month is less powerful than a steady drumbeat of media mentions over several years. The officer is looking for proof that you are not just a flash in the pan but an enduring figure in your industry.
The most successful petitions are those that layer evidence chronologically. We recommend structuring your case to highlight longevity through specific strategies:
Sustained acclaim is also the primary indicator USCIS uses to predict your future impact. The underlying logic is that if your success was a fluke, you may not substantially benefit the United States in the future. By proving that your achievements have been consistent over time, you provide the strongest possible argument that you will continue to generate value for the U.S. economy, culture, or scientific community.
The Law Office of Thomas V. Allen assists clients in curating a portfolio of evidence that demonstrates both the height of their achievements and the depth of their sustained impact. Our team focuses on identifying the connective tissue between your successes to present a narrative of enduring excellence that meets the rigorous standards of modern adjudication. To discuss your eligibility and build a strategy for your case, please contact us here.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Immigration laws and policies are subject to change. Please consult with a qualified attorney regarding your specific situation.
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