The law mentions a ‘small percentage who have risen to the top’. How do you measure that percentage?

The phrase ‘small percentage who have risen to the top’ appears in the EB-1 vocabulary to describe the expected level of distinction, but it does not come with a number attached. There is no official percentage to calculate, as if a fixed cutoff existed.

In practice, this idea of a small percentage is a way of saying that the candidate must be among the few who have truly stood out in their field, with achievements and recognition well above the ordinary. The assessment is qualitative: officers review the full body of evidence to determine whether you occupy that top position.

For that reason, do not try to translate the phrase into a statistic. The path forward is to gather proof that, taken together, demonstrates that level, for example:

• Significant awards and honors in your field.
• Publications, citations, and the impact of your work.
• Invitations to judge, speak, or lead relevant initiatives.
• Letters from recognized experts placing you among the best.

Because there is no numerical formula, each case is read individually. It is worth checking the updated criteria on the USCIS website and reviewing your profile with a specialist to understand how to demonstrate that level of distinction.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.