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Many applicants assume that once they meet three or more criteria, their petition is secure. However, USCIS applies an additional, subjective test—one that has led to unexpected denials for many otherwise qualified individuals.
To pass the Final Merits Determination, you must prove that:
✅ You have sustained national or international acclaim
✅ Your impact and recognition go beyond just meeting individual criteria
✅ You will continue to contribute at a high level in the U.S.
This guide explains how USCIS applies the Final Merits Determination, what common pitfalls to avoid, and how to strengthen your overall case for approval.
PS: If you go through this guide and believe you have a potentially valid case, then don’t hesitate to fill out our free attorney case assessment questionnaire: Click here to access our free EB1A evaluation form!
The Final Merits Determination (FMD) is the second stage of USCIS’s EB1A evaluation process. It occurs after USCIS determines that an applicant meets at least three out of the ten EB1A criteria.
At this stage, USCIS asks:
✅ Does the evidence demonstrate that the applicant is one of the small percentage who has risen to the very top of their field?
✅ Does the applicant’s body of work reflect sustained national or international acclaim?
✅ Will the applicant continue to work in their field at the same extraordinary level?
Even if an applicant meets three or more criteria, they can still be denied if USCIS determines that their overall record does not reflect extraordinary ability.
During the Final Merits Determination, USCIS evaluates:
Many applicants receive Requests for Evidence (RFEs) or denials at this stage due to:
❌ Meeting just three criteria with minimal supporting evidence
❌ Submitting unclear documentation that does not show industry-wide recognition
✅ Solution: Strengthen your case with letters from experts, press coverage, and proof of sustained acclaim.
❌ Achievements that are outdated, one-time honors, or not continuously recognized
❌ No proof that the applicant is still active at an extraordinary level
✅ Solution: Show consistent contributions, new recognitions, and industry impact over time.
❌ Meeting EB1A criteria but not showing that you are among the top experts in your field
❌ No third-party endorsements or evidence of widespread influence
✅ Solution: Use expert testimonials, major awards, and media features to reinforce your standing.
Even if you meet the basic criteria, a well-documented final merits case can make or break your petition. Here’s how to ensure USCIS recognizes your extraordinary ability:
💬 RFE: “The applicant has met three criteria, but does not demonstrate overall extraordinary ability.”
✅ Solution: Submit additional evidence of national/international impact, media recognition, and industry influence.
💬 RFE: “The applicant’s acclaim is not sustained over time.”
✅ Solution: Provide evidence of recent achievements, new projects, and ongoing industry recognition.
💬 RFE: “The applicant does not have clear plans to continue their extraordinary work in the U.S.”
✅ Solution: Include employment offers, contracts, business plans, or upcoming projects.
Passing the Final Merits Determination is essential for EB1A approval. Even if you meet three criteria, USCIS requires clear proof that you are at the top of your field with sustained acclaim.
To strengthen your case, focus on:
✅ Demonstrating widespread recognition through media, awards, and expert testimonials
✅ Proving ongoing contributions and leadership in your field
✅ Providing clear documentation of future work plans in the U.S.
A well-prepared, evidence-backed petition will always have a higher chance of approval. If your case is borderline, consider working with an immigration attorney to refine your evidence before submission.
For additional insights and official resources to strengthen your EB1A Final Merits Determination petition, check out these authoritative sources:
These resources can help further validate your case and provide additional guidance on proving sustained acclaim and ongoing contributions in your field for an EB1A petition.
