Smart Immigrant reports evidence documentation gaps in EB-1A self-petitions amid declining approval rates

SAN FRANCISCO, Calif. — October 21, 2026 — Smart Immigrant, a visa consultancy specializing in merit-based pathways and employment-based green card self-petitions, today published observations on recurring evidentiary shortfalls in EB-1A petitions.
EB-1A approval rates have declined over the past year. Practitioner analyses of USCIS adjudication data place first-quarter FY2026 approvals at approximately 47 percent, against approximately 67 percent across FY2025. USCIS has not published a category-specific figure for the quarter.
The classification is governed by 8 CFR 204.5(h). A petitioner must document either a one-time achievement in the form of a major internationally recognized award, or evidence satisfying at least three of ten regulatory criteria covering recognition, publication, judging, original contributions and remuneration.
Satisfying three criteria does not result in approval. Adjudication proceeds in two stages, with an officer first determining whether the criteria are met, then assessing whether the record establishes sustained national or international acclaim.
A non-precedent Administrative Appeals Office decision issued in June 2026 dismissed an appeal at that second stage, finding that a petitioner who had satisfied three criteria had not established sustained acclaim.
Smart Immigrant reports that the shortfalls it observes are documentary rather than substantive. Peer review invitations are submitted in place of evidence that reviews were completed, and citation counts appear without comparative context. A second Administrative Appeals Office decision, issued in July 2026, held that citation counts alone do not establish a contribution of major significance.
The high remuneration criterion illustrates the pattern. USCIS guidance requires both evidence of compensation and evidence that the compensation is substantially higher than that of others in comparable positions, identifying Bureau of Labor Statistics wage data as acceptable comparison evidence. Filings frequently include the first element without the second.
“A mid-career engineer has often satisfied three or four of these criteria over the course of ordinary professional work without generating documentation of any of it,” said Saiman Shetty, founder of Smart Immigrant. “The work was done. The paperwork proving it was never created.”
The company cautions that locating evidence does not establish sufficiency. A USCIS policy update effective August 5, 2026 permits officers to deny petitions without first issuing a Request for Evidence, reducing the opportunity to correct an incomplete record.
“The August change removes a correction step that a large number of petitions were relying on,” Shetty said. “An incomplete first filing carries consequences now that it did not carry a year ago.”
About Smart Immigrant
Smart Immigrant is a visa consultancy specializing in EB-1A, EB-2 NIW, and O-1A cases for professionals pursuing US immigration without employer sponsorship. Founded by Saiman Shetty, the company works with clients across 60+ countries from its base in the San Francisco Bay Area.
Legal Disclaimer
Smart Immigrant is not a law firm and does not provide legal advice or legal representation. The company provides profile-building and strategic guidance services and works alongside independently licensed immigration attorneys. Nothing in this release constitutes legal advice or a guarantee of any immigration outcome.