The Extraordinary Ability Filter: US EB-1 Realities in 2026

The EB-1's Elitist EscalationThe EB-1's Elitist EscalationThe EB-1's Elitist Escalation

The US EB-1 Extraordinary Ability category has changed a lot in a quiet way since 2026, thanks to USCIS internal policy memoranda.The US EB-1 Extraordinary Ability category has changed a lot in a quiet way since 2026, thanks to USCIS internal policy memoranda.The US EB-1 Extraordinary Ability category has changed a lot in a quiet way since 2026, thanks to USCIS internal policy memoranda. The ten legal requirements are still the same, but the "Final Merits Determination" has become almost impossible for all but the top 1% of global talent to get through.The ten legal requirements are still the same, but the "Final Merits Determination" has become almost impossible for all but the top 1% of global talent to get through.The ten legal requirements are still the same, but the "Final Merits Determination" has become almost impossible for all but the top 1% of global talent to get through. The 2026 standard for "sustained national or international acclaim" has been changed to require not only proof of success, but also proof of a lasting effect on the industry.The 2026 standard for "sustained national or international acclaim" has been changed to require not only proof of success, but also proof of a lasting effect on the industry.The 2026 standard for "sustained national or international acclaim" has been changed to require not only proof of success, but also proof of a lasting effect on the industry. This has made the EB-1 a "genius visa" in the truest sense, making it less of a good option for senior business executives or successful researchers.This has made the EB-1 a "genius visa" in the truest sense, making it less of a good option for senior business executives or successful researchers.This has made the EB-1 a "genius visa" in the truest sense, making it less of a good option for senior business executives or successful researchers.

The End of the "Checkbox" MethodThe End of the "Checkbox" MethodThe End of the "Checkbox" Method

In the past, applicants could get in by meeting three of the ten requirements, such as having memberships, a high salary, and publications.In the past, applicants could get in by meeting three of the ten requirements, such as having memberships, a high salary, and publications.In the past, applicants could get in by meeting three of the ten requirements, such as having memberships, a high salary, and publications. In 2026, USCIS judges will learn how to look through the checkboxes.In 2026, USCIS judges will learn how to look through the checkboxes.In 2026, USCIS judges will learn how to look through the checkboxes. A high salary at a mid-tier firm is no longer enough; it needs to be a salary that reflects a position of unique power.A high salary at a mid-tier firm is no longer enough; it needs to be a salary that reflects a position of unique power.A high salary at a mid-tier firm is no longer enough; it needs to be a salary that reflects a position of unique power. Because of this move toward qualitative assessment, there has been a huge rise in Requests for Evidence (RFEs) that question what it means to be a "distinguished" organization.Because of this move toward qualitative assessment, there has been a huge rise in Requests for Evidence (RFEs) that question what it means to be a "distinguished" organization.Because of this move toward qualitative assessment, there has been a huge rise in Requests for Evidence (RFEs) that question what it means to be a "distinguished" organization. In 2026, it looks like only people who have won major international awards (like the Nobel, Turing, or Fields prizes) or are in charge of Fortune 50 companies will have smooth approvals.In 2026, it looks like only people who have won major international awards (like the Nobel, Turing, or Fields prizes) or are in charge of Fortune 50 companies will have smooth approvals.In 2026, it looks like only people who have won major international awards (like the Nobel, Turing, or Fields prizes) or are in charge of Fortune 50 companies will have smooth approvals.

• The Publication Ceiling: In academia, the number of citations is no longer the standard.The Publication Ceiling: In academia, the number of citations is no longer the standard.The Publication Ceiling: In academia, the number of citations is no longer the standard. Judges are now asking for proof that the work has directly affected government policy or led to important business patents.Judges are now asking for proof that the work has directly affected government policy or led to important business patents.Judges are now asking for proof that the work has directly affected government policy or led to important business patents.

• The Critical Role Barrier: To show that they had a "critical or leading role," corporate executives now need to show a detailed organizational chart and proof that the company's success depended on that person in a unique way.The Critical Role Barrier: To show that they had a "critical or leading role," corporate executives now need to show a detailed organizational chart and proof that the company's success depended on that person in a unique way.The Critical Role Barrier: To show that they had a "critical or leading role," corporate executives now need to show a detailed organizational chart and proof that the company's success depended on that person in a unique way.

• The gap between the O-1 (temporary) and EB-1 (permanent) has gotten bigger.The gap between the O-1 (temporary) and EB-1 (permanent) has gotten bigger.The gap between the O-1 (temporary) and EB-1 (permanent) has gotten bigger. It is no longer a strong sign of EB-1 success to have an O-1 visa, because the "merits" phase of the EB-1 is now much harder.It is no longer a strong sign of EB-1 success to have an O-1 visa, because the "merits" phase of the EB-1 is now much harder.It is no longer a strong sign of EB-1 success to have an O-1 visa, because the "merits" phase of the EB-1 is now much harder.

The effect of structure on the tech sectorThe effect of structure on the tech sectorThe effect of structure on the tech sector

This tightening is a reaction to the huge backlog in the EB-2 and EB-3 categories.This tightening is a reaction to the huge backlog in the EB-2 and EB-3 categories.This tightening is a reaction to the huge backlog in the EB-2 and EB-3 categories. The US is stopping the "spillover" of skilled workers who are just really good at their jobs by making the EB-1 a fortress.The US is stopping the "spillover" of skilled workers who are just really good at their jobs by making the EB-1 a fortress.The US is stopping the "spillover" of skilled workers who are just really good at their jobs by making the EB-1 a fortress. The trade-off is that a lot of smart mid-career innovators who aren't yet famous are choosing the Canadian Start-up Visa or the UK Global Talent Visa, where "potential" and "achievement" are still used together.The trade-off is that a lot of smart mid-career innovators who aren't yet famous are choosing the Canadian Start-up Visa or the UK Global Talent Visa, where "potential" and "achievement" are still used together.The trade-off is that a lot of smart mid-career innovators who aren't yet famous are choosing the Canadian Start-up Visa or the UK Global Talent Visa, where "potential" and "achievement" are still used together. The US is successfully keeping the prestige of its top-tier green card, but it is doing so at the risk of losing the next generation of unproven innovators who can't get in because the EB-1 door is locked.The US is successfully keeping the prestige of its top-tier green card, but it is doing so at the risk of losing the next generation of unproven innovators who can't get in because the EB-1 door is locked.The US is successfully keeping the prestige of its top-tier green card, but it is doing so at the risk of losing the next generation of unproven innovators who can't get in because the EB-1 door is locked.

You need to plan ahead for two years to be successful in the 2026 EB-1 landscape.You need to plan ahead for two years to be successful in the 2026 EB-1 landscape.You need to plan ahead for two years to be successful in the 2026 EB-1 landscape. Applicants must spend their pre-application phase deliberately curating high-impact media coverage and securing roles in organizations that the US government considers "unquestionably distinguished." The EB-1 is no longer a visa you apply for; it is a status you spend years architecting.