The EB1A Extraordinary Ability Green Card is one of the most prestigious immigration pathways in the United States. While many applicants focus heavily on collecting evidence to satisfy at least three of the ten regulatory criteria, far fewer understand the real gatekeeper of this category: the Final Merits Review by USCIS.
This stage determines whether you are among the small percentage who have risen to the very top of your field and whether your recognition is sustained, significant, and influential. A petition can easily fail here even if all initial criteria are met.
This comprehensive guide breaks down everything readers must know about the Final Merits Review, why it matters, the common pitfalls, how USCIS evaluates impact, and how to build a petition capable of passing this rigorous assessment.
Understanding USCIS’s Two-Step Analysis
Before diving into the Final Merits stage, it is essential to understand the two-part adjudication process that USCIS uses, based on Kazarian v. USCIS. Many applicants mistakenly believe meeting three criteria is an automatic approval; in reality, meeting criteria only gets you through the first door.
Step One: Regulatory Criteria Check
In this stage, USCIS evaluates whether the applicant has satisfied at least three of the ten EB1A criteria (or won a major internationally recognized award). This is the more “objective” step. You either have the evidence, or you do not.
Examples include:
- Evidence of awards
- Published articles
- Memberships requiring outstanding achievement
- Judging the work of others
- Original contributions
- Media coverage
But this stage does not determine extraordinary ability. It simply determines whether your petition qualifies for deeper review.
Step Two: The Final Merits Review
This is where the substantive decision is made. USCIS stops checking boxes and begins asking deeper qualitative questions:
- Are your contributions truly significant?
- Is your recognition national or international in scope?
- Has your acclaim been sustained over time?
- Do you genuinely stand among the top individuals in your field?
Passing the criteria is not enough. Your evidence must show impact, influence, and consistency at the highest levels of your profession.
Why the Final Merits Review Is the Most Important Part of the EB1A
Many denials occur because the petitioner meets the criteria but fails to pass the Final Merits Review. USCIS is not only looking for accomplishments—they are looking for extraordinary stature.
Petitions often fail because:
- Achievements lack global or national significance
- Evidence is not properly explained
- The narrative does not connect accomplishments to field-wide impact
- Contributions appear internal to an employer, not influential to the industry
- Media coverage is not independent or reputable
- Letters of recommendation speak in praise, not professional analysis
- Evidence is outdated, making acclaim look temporary rather than sustained
The Final Merits Review requires a persuasive, evidence-backed demonstration that your influence extends beyond your immediate environment and is recognized by the broader field.
How USCIS Evaluates “Sustained National or International Acclaim”
The phrase “sustained acclaim” carries specific meaning in immigration law. It refers to ongoing recognition, not a single moment of success.
USCIS looks for:
- Achievements that extend across several years
- Continued usage, adoption, or citations of your work
- Repeated invitations to conferences, panels, or judging roles
- Ongoing leadership or critical contributions
- Recent publications or media attention
- A career trajectory that shows upward momentum
A petition showing achievements clustered in a single year, with little recent activity, raises concern. USCIS wants proof that your influence is active, current, and growing, not static or historical.
How to Build a Strong Narrative for the Final Merits Review
Many petitions fail not because they lack evidence, but because they lack a clear, cohesive narrative.
A compelling narrative does the following:
1. Explains the “Why” Behind Each Achievement
USCIS does not know your field. You must explain:
- Why the work is important
- What problem it addressed
- How it compares to industry standards
- Why the achievement stands out
2. Connects Achievements to Industry-Level Influence
You must show that your influence extends beyond your employer.
3. Demonstrates a Clear Rise-to-the-Top Story
Your petition should present a logical progression of growth, innovation, and increasing recognition.
4. Avoids Unsupported Claims
Statements must be backed by:
- Documentation
- Independent validation
- Data or measurable outcomes
When the narrative connects seamlessly with the evidence, it becomes far easier for USCIS to conclude that you are truly extraordinary.
Conclusion: Prepare a Winning EB1A Petition with a Strong Final Merits Strategy
The Final Merits Review is the most critical stage of the EB-1A process. It requires a strategic combination of strong evidence, thorough explanation, and a compelling narrative that clearly demonstrates extraordinary ability, national or international acclaim, and sustained impact in your field.
If you want expert guidance in preparing a petition that meets this high standard, you can book a consultation with us today. Our team helps applicants craft persuasive, professionally structured EB-1A cases that pass the Final Merits Review with confidence.
FAQs
Q: If I meet three out of ten EB-1A criteria, am I guaranteed approval?
No. Meeting the minimum three criteria only gets you past the first step. The final merits review evaluates whether your achievements show extraordinary ability, and many petitions fail at this stage.
Q: What does “sustained national or international acclaim” really mean?
It means the applicant must show long-term recognition, not just isolated achievements. Evidence of ongoing influence, repeated accomplishments, and continued recognition is key.
Q: Are peer-review or judging roles always strong evidence?
Not always. These roles are only persuasive if they are selective, reputable, and genuinely reflect expertise. Low-value or pay-to-participate roles carry little weight.
Q: Does EB1A require a job offer?
No. Applicants may self-petition, but USCIS often looks for proof that the petitioner intends to continue contributing to their field in the U.S.
Final Thoughts..
If you’re preparing for the EB1A Extraordinary Ability petition and want to ensure your evidence, narrative, and Final Merits strategy are strong enough to withstand USCIS’s rigorous review, our team at My Green Card Story is here to guide you every step of the way.
While we are not immigration attorneys, we provide expert consulting support to help you structure your achievements, strengthen your documentation, and present a compelling case that clearly demonstrates extraordinary ability and sustained acclaim. Don’t navigate this complex stage alone—book a personalized consultation today at MyGreenCardStory.com and gain the clarity, strategy, and confidence you need to build a winning EB1A petition.
For official information on the EB1A process, visit the USCIS website.
