Misconception: If the required number of criteria is counted for EB-1A or O-1, the case is almost required to be approved; or the opposite misconception: Final Merits is an arbitrary second denial that USCIS can use to wipe out any counted criteria without much logic.
In reality: For EB-1A, after the formal criteria review, USCIS does conduct a final assessment of the totality of the evidence: Final Merits. Meeting 3+ criteria allows the case to move to this assessment, but it does not by itself guarantee approval. At the Final Merits stage, the officer looks at whether the materials as a whole prove sustained acclaim, a high level of recognition, and membership in the small percentage of specialists at the very top of the field. At the same time, a denial should not simply recount criteria that were already credited or express unsupported disagreement. It must explain why the evidence, taken together, is insufficient. For O-1, the logic is similar in substance: USCIS looks at the formal items and at the level of extraordinary ability, although the terminology and standard differ from EB-1A. For EB-2 NIW, the issue is structured differently: the key elements are advanced degree or exceptional ability and the national importance test, not EB-1A Final Merits.
Myth: Working in an industry that is critically important to the government, by itself, almost guarantees approval of an NIW or another immigrant petition.
In reality: The importance of the industry helps only as context. It is still necessary to separately prove the applicant's specific contribution, the national importance of the proposed endeavor, and the applicant's ability to carry it out.
Myth: It is enough to simply mention judging, peer review, or participation in evaluating others' work, and this will automatically strengthen EB-2 NIW.
In reality: This evidence must be presented in the context of the category requirements and its significance must be explained. For NIW, it is not always central and may be weak if it is not connected to national importance, proposed endeavor, and the applicant's role.
Myth: If EB-1A/NIW is not approved, the applicant can easily switch to asylum as a backup option.
In reality: Asylum is a separate process with its own strict grounds: persecution or a well-founded fear of persecution based on a protected ground. It is not a universal substitute for an employment-based or immigrant petition and can have serious consequences for the strategy.