8 CFR 204.5 explained: the EB-1 and EB-2 rules by paragraph

What the document is. The statute - section 203(b) of the Immigration and Nationality Act (INA) - names the EB-1, EB-2 and EB-3 categories; the regulation 8 CFR 204.5 says what evidence an I-140 petition needs for each of them. How an officer weighs that evidence is set out in the USCIS Policy Manual (Volume 6, Part F): for example, the two-step Kazarian analysis - first count the criteria, then final merits. A citation like "8 C.F.R. § 204.5(h)(3)(iv)" in an RFE or an AAO decision is the address of one paragraph of this section.

The map by paragraph. (a) general: EB-1, EB-2 and EB-3 petitions are filed on Form I-140; (c) who may file; (d) the priority date - for petitions without a labor certification it is the date the complete, signed petition with the evidence and the correct fee is properly filed with USCIS; (e) retention of the priority date; (g) general evidence rules: legible photocopies are enough for filing, experience letters must give the writer's name, address and title and a specific description of the duties, and (g)(2) - the employer's ability to pay the wage - applies only to petitions with a job offer; (h) EB-1A; (i) EB-1B, outstanding professors and researchers; (j) EB-1C, multinational executives and managers; (k) EB-2; (l) EB-3; (m) religious workers; (n) closing action; (p) employment authorization in compelling circumstances for beneficiaries of approved petitions.

Paragraph (h) - EB-1A. The definition in (h)(2): extraordinary ability is a level of expertise showing the person is one of the small percentage who have risen to the very top of the field. (h)(3): the petition needs evidence of sustained national or international acclaim - a one-time achievement (a major, internationally recognized award) or at least three of ten criteria: (i) awards, (ii) membership in associations requiring outstanding achievements, (iii) published material about you in professional or major media, (iv) judging the work of others, (v) original contributions of major significance, (vi) authorship of scholarly articles, (vii) exhibitions, (viii) a leading or critical role for organizations with a distinguished reputation, (ix) a high salary, (x) commercial success in the performing arts. (h)(4): if the criteria do not readily apply to the occupation, comparable evidence may be submitted. (h)(5): no job offer or labor certification is needed, but there must be clear evidence you will continue working in your field in the US - employer letters, contracts or your own statement of plans.

Paragraph (k) - EB-2 and the NIW. An advanced degree is a US degree above a bachelor's or a foreign equivalent; a bachelor's plus at least five years of progressive experience in the specialty counts as a master's. Exceptional ability is expertise significantly above that ordinarily encountered in the sciences, arts or business; it is shown by at least three of the six items in (k)(3)(ii): a degree in the field, letters documenting at least ten years of full-time experience, a license or certification, a salary demonstrating exceptional ability, membership in professional associations, recognition for achievements by peers, government or professional organizations; (k)(3)(iii) also allows comparable evidence. The NIW itself gets one sentence, in (k)(4)(ii): the director may waive the job offer if that is in the national interest. The three-prong test the NIW is decided by today comes not from the regulation but from the precedent Matter of Dhanasar (2016).

Which version to read. The current text is on ecfr.gov; the latest amendment it lists for the section is 89 FR 6396 of January 31, 2024 (checked Sep 30, 2026). (k)(4)(ii) still mentions the old Form ETA-750B - which forms to attach today is stated in the I-140 instructions. The copy in our library is a 2023 snapshot: fine for reading the criteria, but quote eCFR in an RFE response.