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Final merits: what it is

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Final merits: definition

Key answer

The final merits determination is the second, decisive stage of EB-1A review. First the officer checks whether at least 3 of the 10 criteria are met; then they weigh all the evidence together and decide whether it shows sustained acclaim and a place at the top of the field. You can meet the criteria and still lose here.

The two-step approach comes from the Kazarian precedent. Step one counts the criteria formally; step two weighs the same evidence qualitatively: the significance of awards, the independence of media, the real influence of contributions.

The AAO decisions database shows how this works in practice: a large share of denials happens exactly at final merits, with the criteria formally met.

Final merits: the official source

Final merits: what to do - tools

Final merits: read next

Final merits: documents and templates from the library

Final merits: from community discussions

  • «For the EB it's all the same as for the O-1, but with increased weight. For developers you need major projects where you were indispensable and can prove it; work at very large and well-known companies; talks at specialized conferences; judging at IT contests; several interviews about you in media at the RBC level; recommendation letters from weighty figures; a job offer in the US.»

    Sergey · from public community chats

  • «The consul works by clear rules. His task is to prove to himself that you're an immigrant, and your task is the opposite: who beats whom. You either play this game by the rules or you don't. After all, it's you who needs the US, not the consul.»

    Ruslan · from public community chats

  • «I'm not arguing here that he apparently checked it poorly, but when you buy a package service and not just a lawyer, you expect more. And why was he told to go for EB-2 NIW when he already came with a pretty good package for EB-1 (over 20 years working as a research scientist with a bunch of patents, awards) - he only needed to add media.»

    Kate · from public community chats

Personal opinions of community members from public discussions, not legal advice.

Final merits: related terms

All glossary terms

A reference definition, not legal advice. Requirements and procedures depend on your case - verify on uscis.gov.

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