Final merits determination: what it means in an RFE or denial
Updated: Author: Alina Kanametova
Final merits determination: USCIS evaluates all the evidence together to determine whether the beneficiary is one of that small percentage who have risen to the very top of the field of endeavor.
What it means
Final merits
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.
The glossary entryFrom the knowledge base: Glossary of Terms for U.S. Talent Visas O-1, EB-1, EB-2
This is the layer of terminology that separates people who just read instructions from those who understand the reasoning behind denials. All these terms appear in AAO decisions and in RFE texts, and without knowing them, it is impossible to understand why some cases are denied despite meeting all criteria.
Read the full articleThe precedent behind the sentence
Kazarian · Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)
The two-step analysis: count the criteria first, then judge the record as a whole.
- The Ninth Circuit's 2010 decision split the assessment into two stages. At the first the officer checks formally whether the filed documents match the criterion's description. The quality of the work is not discussed at that stage - the court said expressly that it must not be mixed in.
- At the second - the final merits determination - the record is weighed as a whole: whether it shows sustained acclaim and a place among the small percentage at the top of the field.
- That is where the outcome that looks contradictory comes from: the officer agrees three criteria are met and refuses anyway. Formally it is not a contradiction, it is the second stage.
Seen in 17 of 150 parsed notices, across 13 desks.
The precedent pageWhat the chats ask about "Final merits determination"
- 8×what is final merits
- 6×how to process final merits
- 3×what is final merits?
- 2×what is Final merits
- 2×What needs to be written in final merits
- 2×how to process final merits?
Community answers
- If USCIS counted a criterion based on media but mentioned only one publication out of several in the decision, do you need to address that?
- If the criterion has already been accepted, there is usually no need to argue that the officer did not list all the evidence. In an RFE or NOID response, it is better to focus on the unaccepted criteria and the final merits analysis, and to mention additional publications only briefly as further evidence of sustained recognition.
Myths and reality
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.
Rules and tips from the chats
- tipAn RFE for O-1 or an immigrant petition needs to be broken down point by point, not answered with generic language. It is important to understand which criteria or final merits elements are being questioned, and to add exactly the missing evidence, explanations, and independent corroboration.
- rule[specificity] To strengthen final merits, it is more useful to explain why the achievements place the applicant at a high level in the field than to simply add an emphatic statement that the applicant belongs at the top.
Cases from the community
EB-1A or EB-2 NIW · not specified · outcome not stated
After an unfavorable petition decision, the applicant challenged the denial through an administrative appeal; the appeal took about a year and was sustained, but the case was then returned for additional review.
What they did: Filed an appeal with the administrative body, secured reconsideration, and then waited a long time for the immigration service's final merits review.
Questions and answers on the site
Distilled from the public community chats, anonymised; corpus as of June 2026. These are participants' observations, not legal advice and not USCIS statistics.
Related
Frequently asked questions
- What does "Final merits determination" mean?
- 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.
- Where is this stated officially?
- USCIS Policy Manual, Vol. 6, Part F, Ch. 2 (EB-1): https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2
- Which precedent is behind it?
- Kazarian - The two-step analysis: count the criteria first, then judge the record as a whole.
The sentence is quoted from its official source (link under the quote); the explanation is assembled from the site glossary, the precedent notes, the knowledge base and distilled community observations. Not legal advice; the site is not affiliated with USCIS.