How Important Is the Final Merits Evaluation (Final Merits Determination) for EB-1A Visa Category?

The EB-1A visa is a highly sought-after way for a person of extraordinary ability to gain permanent residency in the United States. This visa category offers many benefits, such as not needing a job offer, allowing self-petition, and providing a faster route to a green card.

A key part of the EB-1A process is the Final Merits Evaluation, sometimes referred to as the Final Merits Determination. Both terms are used interchangeably to describe the critical stage where USCIS examines whether the applicant’s achievements truly demonstrate extraordinary ability. Knowing how this evaluation works is very important for anyone considering this visa.

Before USCIS conducts the Final Merits Evaluation, applicants must first meet at least three of the ten eligibility criteria for the EB-1A visa. These criteria serve as a foundation for the Final Merits Evaluation. Meeting them shows that the applicant has the potential for extraordinary ability, but the evaluation is what ultimately determines if the evidence is strong enough to qualify for the visa.

While this article gives useful information, it is not legal advice. For personal help with your immigration case, please talk to an immigration lawyer. If you’d like to speak with one of our attorneys, our customer care team can help set up a call.

What Does Final Merits Determination Mean for EB-1A Visa?

The Final Merits Evaluation is the last and most critical stage of the EB-1A visa application process. It goes beyond meeting the basic eligibility criteria, focusing on whether the applicant’s achievements prove they are truly extraordinary. Here’s what it entails:

1. The Purpose:
   The evaluation ensures that an applicant’s evidence demonstrates their level of expertise and shows they are among the best in their field. Meeting three of the ten regulatory criteria is necessary, but this evaluation determines if those achievements indicate sustained excellence and significant impact.
   
   
2. Key Aspects of the Evaluation:
   USCIS considers the following during the Final Merits Evaluation:
   
   • Consistency: Does the evidence present a coherent story of extraordinary ability?
     
   • Sustained Acclaim: Has the applicant received recognition over time, or is it based on isolated events?
     
   • National or International Impact: Does the applicant’s work have influence beyond local boundaries?
     
   • Field Influence: Has the applicant made contributions that significantly impact their industry or area of expertise?
     
     
3. How It Relates to the Initial Criteria:
   The initial regulatory criteria act as the foundation, showcasing specific accomplishments. The Final Merits Evaluation goes further, connecting these individual achievements to establish the applicant’s place as a leader in their field.
   
   
4. Why It Matters:
   The Final Merits Evaluation is where the application is often won or lost. Without a strong performance in the Final Merits Evaluation, even meeting the initial criteria may not be enough to secure an EB-1A visa. Strong documentation and a clear narrative are essential to persuade USCIS that the applicant’s achievements truly set them apart.

Meet the EB1A Requirements Set by USCIS

To qualify for the EB-1A category, applicants must show they have exceptional ability in their field. This is usually done by meeting at least three of the ten criteria set by USCIS:

• Awards: Proof of receiving national or international prizes for excellence.
  
• Membership: Proof of membership in associations that require outstanding achievement from members.
  
• Published Material: Articles or reports about the applicant in professional or professional or major trade publications.
  
• Judging: Evidence of being asked to evaluate the work of others.
  
• Original Contributions: Proof of important contributions to the applicant’s field.
  
• Authorship: Proof of writing scholarly articles in professional or major media outlets.
  
• Exhibitions: Evidence that the applicant’s work has been shown in exhibitions or showcases.
  
• Critical Role: Proof of having a key role in respected organizations.
  
• High Salary: Evidence of earning a higher income compared to others in the field.
  
• Commercial Success: Evidence of success in the performing arts, like high sales.
  

Meeting at least three of these criteria is necessary, but it does not guarantee  approval. USCIS evaluates the totality of evidence to ensure that the applicant’s achievements collectively demonstrate extraordinary ability. USCIS will review all the evidence to decide if the applicant’s achievements truly show extraordinary ability.

The Role of the Final Merits Evaluation

After applicants meet the basic criteria, USCIS performs the Final Merits Evaluation. This step takes a closer look at the evidence to decide if the applicant is among the top in their field.

The Final Merits Evaluation focuses on:

• Consistency of Evidence: USCIS officer checks if all evidence supports the claim of being exceptional.
  
• Sustained Acclaim: The evidence should show that the applicant has been recognized for their ability over a long period, not just once.
  
• Impact and Influence: The applicant must show they have made a big difference in their field.
  
• National or International Recognition: The applicant’s recognition should go beyond local areas, showing influence on a larger scale.
  

Without success in the Final Merits Evaluation, even strong evidence in the initial stages may not result in the I-140 application approval. This step confirms that all claims are backed by substantial and convincing proof of extraordinary ability.

What Makes the Final Merits Evaluation Difficult?

The Final Merits Evaluation can be difficult because it requires more than just meeting the basic criteria. Some common challenges include:

• Insufficient Evidence: Even if three criteria are met, weak documentation can hurt the case.
  
• Poor Narrative: A clear and convincing story of the applicant’s achievements makes approval more likely.
  
• Focus on Isolated Achievements: USCIS values ongoing recognition and impact more than one-time successes.
  

Crafting a Strong Case for Final Merits Evaluation

To improve the chances of success, applicants should:

• Provide Strong Documentation: Include clear and thorough types of evidence, such as awards, publications, and letters of support, etc.
  
• Emphasize Ongoing Recognition: Highlight continued achievements and presence at the top of their field.
  
• Show National and International Influence: Include proof of global impact, such as international awards or media coverage.
  
• Create a Clear Narrative: Make sure all evidence tells a consistent and compelling story about why the applicant qualifies.
  
• Address Weaknesses: Anticipate possible questions and provide extra evidence to fill gaps.
  

Leveraging Professional Expertise

Applying for an EB-1A visa can be complex, especially to make sure that the final merits part is strong. Working with an experienced immigration attorney can make the process smoother. At PassRight, our attorneys and immigration experts help applicants in preparation of solid EB-1A applications.

Conclusion

The Final Merits Evaluation is the ultimate test of an EB-1A applicant’s achievements, making it the most critical step in the visa approval process. By understanding how this step works and presenting strong, well-documented evidence, you can significantly improve your chances of success. 

Complete our free evaluation questionnaire to find out if you qualify for EB-1. Our attorneys and customer care team will guide you through your eligibility and the next steps.