EB-1A Evidence Guide
2026 EDITION
Judging the Work of Others

What Counts as EB-1A Judging Evidence in 2026, From GitHub to Peer Review

The question we get most often about this criterion is whether modern review activities (GitHub pull request reviews, hackathon judging, accelerator panels) actually count under USCIS rules. The answer is yes, when documented correctly. The longer answer is more useful, and it starts with a clarification that surprises most applicants. At Jinee, we walk every client through this distinction because misreading it costs petitions.

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Extraordinary Ability. Precisely Positioned.

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Updated May 2026

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6 min read

FY2025

Several law firms reported softer approval trends

66.6%

EB-2 NIW approval rate, Q3 FY2025

3 of 10

Current EB-1A criteria threshold (unchanged)

Jan 2026

Draft DHS modernization rule expected

8 CFR § 204.5(h)(3)(iv) Vol 6, Part F, Ch 2 Peers only Documented review 8 CFR § 204.5(h)(3)(iv) Vol 6, Part F, Ch 2 Peers only Documented review 8 CFR § 204.5(h)(3)(iv) Vol 6, Part F, Ch 2 Peers only Documented review

On This Page

Overview

The Four Changes

Takeaways

Strategy

FAQs

References

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EB-1A approval rates dropped to roughly 66.6 percent in Q3 of FY2025 after sitting higher earlier in the year. EB-2 NIW fell harder, to around 54 percent. No criterion was deleted and no new form was issued.

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The criterion has not changed since 1992. What changed is which modern activities the Policy Manual now treats as qualifying. The trap is assuming USCIS will infer that your GitHub review history or your accelerator panel counts. You have to make the case.

Team Jinee

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What the criterion actually requires?

USCIS applies a two-part test in which first, were you actually invited to judge based on your expertise? Second, did you actually complete the judging? Many petitions stack invitation evidence without proof of completion, and that pattern triggers RFEs more than any other failure mode on this criterion.

The Policy Manual makes the peer requirement explicit. You must have evaluated the work of professional peers in your field or an allied field. Grading students, reviewing direct reports as part of your normal job, or assessing junior trainees does not satisfy the criterion. USCIS treats those as routine supervisory or instructional duties, not as extraordinary recognition by the field. We covered the broader evidentiary standards shift in a recent post, and judging is one of the criteria where adjudicators have become more literal.

Four things every piece of judging evidence needs:

  • Proof you were selected based on your expertise (not by paying a fee or signing up)
  • Evidence the activity involved evaluating peers in your field
  • Documentation that you actually completed the review, not just received an invitation

Layer in the broader regulatory environment, the DHS Petition for Immigrant Worker Reforms rule, listed as RIN 1615-AC85 in the Spring 2025 Unified Regulatory Agenda, is expected to publish in draft form in early 2026. That rule would codify many current Policy Manual standards into federal regulation, which is a separate development from the adjudication trends but feeds the same direction. We covered the modernization angle in more depth recently.

Here is what the shift looks like in practice:

  • Heavier RFE focus on independent recognition versus self-claimed accomplishments
  • Tougher scrutiny of awards from non-juried or pay-to-play sources
  • Reduced weight on publications in journals lacking rigorous peer review
  • Higher demand for circulation data, citation independence, and source authority

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Four forms of judging evidence that work in 2026

The categories below cover both traditional academic review and modern industry equivalents. Use a mix where possible. Three different types of judging activity at three credible venues outperforms ten reviews at one venue.

01 · Academic peer review for journals and conferences

The traditional form, and still the strongest, are manuscript review for journals with established impact factors, program committee service for conferences with competitive acceptance rates, and special issue guest editing for recognized publications. The evidence package should include the invitation email, the editor’s acknowledgment that the review was completed, and ideally a thank-you note or a published acknowledgment.

For ML, CS, and emerging tech fields, workshop and main-conference reviewing at venues like NeurIPS, ICML, CVPR, KDD, ACM RecSys, IEEE Big Data, or USENIX carry weight. Document the venue’s acceptance rate and program committee selection process to establish selectivity. A reviewer assignment at a venue with a sub-25 percent acceptance rate reads differently than reviewing for an open call publication.

02 · Startup accelerator and pitch competition judging

Sitting on selection panels for established accelerators (Y Combinator, Techstars, 500 Global, AngelPad, or sector-specific equivalents) qualifies when the panel evaluates competing applicants and you participated in the decision. Evidence: the accelerator’s invitation, the published list of panelists, your review or scoring records, and a confirmation letter from the program lead. Pitch competition judging at recognized industry events (Disrupt, SXSW, Web Summit, sector trade conferences) follows the same evidence pattern.

Judging at an event where any expert who signs up is accepted carries less weight than judging at an event with a competitive selection of judges.

03 · Grant review and funding evaluation

NIH study sections, NSF panel review, DARPA program evaluation, and equivalent international bodies (Wellcome Trust, ERC, Horizon Europe) are gold-standard evidence. Industry equivalents include serving on grant committees for major foundations or corporate research programs. The selection process for these roles is rigorous, the evidence is well documented through agency records, and adjudicators recognize the venue prestige immediately.

For early-career applicants, smaller agency reviews or foundation grant evaluations also qualify when documented. The key is that the granting body has a meaningful selection process for reviewers and that you have official acknowledgment of your service.

04 · Hackathon, thesis defense, and award committee panels

Virtual judging at well-documented hackathons is now broadly accepted, per USCIS Policy Manual guidance. Major events (MIT Hackathon, university-hosted national hackathons, sector-specific hackathons run by Fortune 500 sponsors) qualify when the event has a competitive application process and a documented panel of judges. Thesis defense committee service at distinguished universities, especially as an external examiner, also qualifies. Award selection committees for professional associations round out the category.

USCIS focuses on the substance of the judging activity rather than whether it occurred in person or remotely.  The criterion is not about physical presence; it is about evaluative authority exercised on the work of peers.

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How to build this criterion in practice ?

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01 · Cite 8 CFR 204.5(h)(3)(iv) directly

The regulation only requires judging service, not extraordinary ability in judging itself, per Buletini v. INS.

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02 · Document completion, not just invitation

Editor acknowledgments, completed review records, and program listings prove you actually judged the work.

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03 · Use STEM clarifications strategically

Boilerplate RFEs are more common, so respond with structured legal arguments that close each specific concern.

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04 · Build GitHub PR reviews as evidence

Open-source maintainer history, merge authority records, and substantive code reviews satisfy judging in tech contexts.

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Why this criterion punches above its weight ?

Judging the work of others is one of the easier criteria to satisfy if you have already been doing the work. The trouble is that most applicants under-document it, treating it as a secondary criterion when it can carry significant weight in the final merits determination. A petitioner who has reviewed for top venues, sat on serious panels, and served on grant committees is being recognized by the field in a way that few other criteria can match.

This is where strategic EB-1A profile building turns scattered review activity into structured evidence. Most ML engineers, senior researchers, and tech leads have judging history they have never properly documented. We routinely find three to five qualifying roles in a candidate’s history that they had not even mentioned in the first consultation. Mining and documenting that history is one of the highest-leverage moves in petition preparation.

That is the difference between a thin file and a credible one on this criterion.

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Frequently Asked Questions

Does GitHub pull request review count as EB-1A judging evidence?

Yes, when properly documented. For some technology professionals, open-source maintainership and documented code-review authority may help support the judging criterion when they involve evaluating the work of other contributors. 

Did USCIS create new EB-1A judging criteria in 2026?

No. The regulatory criterion at 8 CFR 204.5(h)(3)(iv) has not changed. USCIS Policy Manual updates from 2022 through 2024 expanded the interpretation of qualifying judging activities to include modern review work like open-source maintainer roles, accelerator panels, and grant review.

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What forms of judging do not count for EB-1A?

Grading students, evaluating junior trainees, reviewing direct reports as part of normal job duties, and internal company reviews of subordinates do not satisfy the criterion. USCIS requires evidence of evaluating professional peers in your field or an allied field.

Is virtual judging accepted for EB-1A?

Yes. The criterion is about evaluative authority exercised on the work of peers, not physical presence. Virtual judging at distinguished events such as hackathons, accelerator panels, or remote thesis defenses is accepted when properly documented with selection evidence and completion records.

How many judging roles do I need for EB-1A?

No specific minimum exists, but successful petitions typically document multiple roles across reputable venues. Quality and venue prestige matter more than raw count. Three to five well-documented roles at credible venues generally outperform a longer list of low-selectivity activities.

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References

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Can My Open-Source Contributions Help Me Qualify for EB-1A? — Beyond Border: https://www.beyondborderglobal.com/resources/can-my-open-source-contributions-help-me-qualify-for-eb-1a