What are ‘Kazarian step one’ and ‘Kazarian step two’?

‘Kazarian step one’ and ‘Kazarian step two’ are the two stages of a single analytical framework used by USCIS in EB-1 petitions for individuals with extraordinary ability. Despite what is sometimes said, they are not merely marketing terms: they refer to a two-phase evaluation method that originates from a judicial decision known as Kazarian.

The idea behind this method is to separate two moments of the analysis, so that the decision is not based solely on checking off a list, but also on the actual weight of the evidence as a whole.

• First stage: a more objective review that checks whether the applicant has gathered the types of evidence required under the visa rules.
• Second stage: the so-called final merits determination, which evaluates the full body of evidence to decide whether, on balance, the applicant truly demonstrates extraordinary ability.

In practice, formally satisfying the evidence types does not guarantee approval: the second stage looks at the consistency and strength of the overall record. Because the exact form of this analysis may change, it is worth checking the current guidance directly with USCIS or with a qualified specialist before filing.

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.