Under the Trump administration, requirements for the EB-1A talent visa have become stricter. The share of requests for additional documents has grown to 125% — some cases receive two requests within a single application process. This represents a return to normal review standards rather than tightening: under Biden, the market became flooded with consultants promising visas even without clear achievements.
More Requests for Additional Documents
Under the Biden administration, EB-1A review was more lenient. Currently, the share of additional information requests (RFEs) stands at 125% — sometimes a single case receives a request twice during one application process. The first request may concern program criteria, while the second may relate to the applicant’s plan of activities in the United States.
Typically, these requests require documents that were already in the file. Apparently, this happens because review is becoming more thorough, especially for expedited applications. However, these requests do not ask for anything extraordinary — they are standard requirements that were simply overlooked during the initial review.
Return to Normalcy, Not Tightening
During Trump’s first administration, restrictions concerned certain categories but did not affect EB-1. Now the administration has learned to influence this category as well. However, this is not tightening — it is a return to reality and adequate standards.
The legislation on the EB-1 category has always presupposed a high entry threshold, intended for a tiny percentage of the population. Under Biden, the market became so flooded with consultants promising talent from scratch that many believed in their chances. This is good — there is no harm in trying if you have the resources and time. But it is necessary to build proper expectations: EB-1A remains a rare category.
What Is Required When Filing EB-1A Now
You can obtain EB-1A not only as a Nobel laureate or Academy Award holder. You need to describe your achievements in greater detail, use specific examples and arguments explaining what distinguishes you from other applicants.
It is important to include achievements that fit not only the program criteria but also demonstrate organic development of recognition. This means there are certain work achievements and a salary that significantly exceed average levels, and this is not an artificially created history from a few months before filing.
Alternatives to EB-1A for Other Applicant Categories
If your profile does not fit EB-1A, there are other immigration paths. Non-immigrant visas allow you to gain experience in the United States and build a strategy in parallel:
O-1 — visa for individuals with extraordinary ability. Requirements are lower than EB-1A.
L-1 — visa for company employees transferred to its US division. Does not require proving talent, only the existence of a company and good relations with the business owner or management.
EB-1B, EB-1C — other employment categories. EB-1B typically concerns those working in academia or research centers with an offer from an employer.
A long-term strategy might be as follows: first stage — obtain work authorization in the United States through L-1, O-1, or another work visa. Second stage — simultaneously build a strategy for filing an employment-based immigrant visa in any EB category.
Other Options for Obtaining a Green Card
In addition to employment-based immigrant visas, there are green cards through family-based immigration and the DV lottery program. They may suit those who are not specifically seeking an employment-based green card. These paths require different conditions and do not involve proving talent.
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