Regulatory Change Is on the Horizon
The EB-1A extraordinary ability green card category has operated under largely the same regulatory framework for decades.
The ten evidentiary criteria listed in 8 CFR 204.5(h)(3), the “final merits determination” approach, and the two-step adjudication process established through case law and the USCIS Policy Manual have remained relatively stable even as filing volumes and applicant profiles have changed dramatically.
As of March 2026, however, USCIS has indicated plans to modernize employment-based green card regulations (including EB-1A) through a proposed rule that is likely expected later in 2026. It’s possible this could codify or clarify evidentiary standards and the adjudicative framework.
What Changes Are Being Discussed?
While no proposed rule has been published as of this writing, several areas are under consideration based on USCIS policy guidance trends and the broader direction of employment-based immigration reform.
- First, USCIS may seek to formalize the “final merits determination” standard more explicitly in the regulations, reducing the current reliance on AAO precedent decisions and Policy Manual guidance. This could potentially bring greater consistency to adjudications but may also raise the effective bar for approval if the formal standard is set higher than current practice.
- Second, the agency may address the growing use of EB-1A by entrepreneurs and startup founders—a demographic that has expanded significantly in recent years. Regulatory clarification of how business achievements, revenue generation, and job creation are evaluated under the existing criteria could provide needed predictability for this applicant pool.
- Third, changes to the salary criterion and how USCIS evaluates “high salary or significantly high remuneration” relative to peers may be forthcoming. With the introduction of wage-weighted selection in the H-1B lottery, there is a broader policy push toward salary-based metrics across visa categories.
Current Filing Fees for EB-1A
Applicants filing EB-1A petitions (Form I-140) should budget for the following government fees:
- Base filing fee: $715
- Asylum Program Fee: $600 for most employers/filers, $300 for small employers with 25 or fewer full-time equivalent employees or qualifying individual self-petitioners, and $0 for qualifying nonprofits.
This typically brings total base government fees to $1,015–$1,315, depending on your specific situation (including, whether you qualify for the reduced Asylum Program Fee).
Premium processing, which provides a decision within 15 business days, is available for an additional fee of $2,965 (increased from $2,805 effective March 1, 2026).
All USCIS fees are subject to change. Always verify the exact amounts using the current USCIS Fee Schedule (Form G-1055) or the USCIS Fee Calculator at uscis.gov before submitting your petition.
What Filers Should Do Now
Prospective EB-1A filers likely should file sooner rather than later if your case is strong under current standards. Regulatory changes typically apply to petitions filed after the effective date, so filing under the current framework may preserve your ability to be adjudicated under today’s criteria, even if processing takes several months.
Building a robust evidence package could also help protect against the possibility of higher evidentiary standards in the future. If the final merits standard becomes more demanding, having comprehensive documentation from the outset could help your case to withstand heightened scrutiny.
Stelmakh & Associates has consistently achieved EB-1A approval rates that far exceed the national average by anticipating adjudicative trends and building petitions that exceed current standards rather than merely meeting them. Whether you are a researcher, entrepreneur, physician, engineer, or creative professional, we will work to assess your qualifications and advise you on the timing and strategy that may be most optimal for your filing.
Finally, stay informed. Proposed rules go through a notice-and-comment period that typically lasts 60 to 90 days. Engaging with the process—whether through individual comments or professional associations—can help make your voice heard.
Ready to Discuss Your Case?
At Stelmakh & Associates, we maintain approval rates that are significantly higher than the national industry averages across the EB-1A, EB-2 NIW, and O-1 categories. Our results reflect the depth of preparation, strategic evidence development, and individualized attention we bring to every case. If you have questions about how these developments affect your immigration options, we are here to help.
Stelmakh & Associates
Phone: 206-605-0550
Email: info@stelmakhlaw.com
Website: www.stelmakhlaw.com
Schedule a consultation today to review your options and build a strategy that positions your case for success.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Every situation is unique, and the information here may not apply to your particular circumstances. All USCIS filing fees, premium processing fees, and supplemental fees (including the Asylum Program Fee) referenced in this article are subject to change without notice. Always verify current fee amounts on the official USCIS Fee Schedule before filing. For advice about your case, please consult with a qualified immigration attorney. This content complies with the Rules of Professional Conduct for Washington, Pennsylvania, and Ohio, as well as USCIS guidelines.