The EB1A Final Merits Test Explained - Where Most Well-Prepared Cases Quietly Fail?

1. Introduction

Numerous applicants for the EB1A visa hope that meeting three criteria will ensure approval of their application. The regulations say that in order to qualify for an EB1A visa, you need to meet only three out of ten criteria categories. In practice, however, this assumption about meeting the three criteria causes many extraordinary ability green card cases to quietly fall apart. The true point of decision in USCIS's adjudication process is not a checklist but a final merits test. This step is a qualitative legal analysis rather than a purely documentary analysis and thus is the determining factor in whether USCIS believes an applicant meets the requirement of extraordinary ability under EB-1.

Read More: EB1A Visa and Publications: What Matters Most for Tech Professionals

2. What the EB1A Final Merits Test Really Is?

The determination process for EB1A petitions by the USCIS will be done in two steps; as defined and established by case law and policy directives.

• The First Step is for USCIS to determine whether the Petitioner has submitted sufficient evidence to satisfy, at a minimum, three of the Regulatory Criteria.
• The Second Step is for the USCIS to verify that the totality of the Evidence submitted supports that the Petitioner has exhibited "extraordinary ability" or "sustained national or international acclaim" under the totality of the Evidence.

The first step is taken as a procedural matter; the final merit test will have a major impact on the outcome. The USCIS final merit test is an Officer's review of the overall quality of the evidence

submitted by the petitioner. The totality of the Evidence must demonstrate an extraordinary ability or sustained https://eb1aexperts.com/eb1a-visaational or international acclaim. USCIS will use a holistic standard to determine eligibility for EB1A; therefore, applicable documents must be assessed individually and collectively to determine the Petitioner's sustained National or International Acclaim and extraordinary ability.

3. Why Meeting Three Criteria Is Not Enough?

Does Meeting Three EB1A Criteria Guarantee Approval?

No, and this is one of the many misconceptions about the interpretation of EB1A criteria. Meeting only three of the EB1A criteria meets the minimum regulatory compliance threshold, but not the EB1A approval standard.

USCIS does not apply a quantitative scoring method to EB1A filings. Rather, the adjudication officer will look at the evidence as a whole, and, in the officer's discretion, even if the evidence fits within the category, the officer may assign it a lesser probative value than would otherwise apply.

This is very important regarding the value of qualitative versus quantitative evidence. Ten pieces of weak evidence do not outweigh one piece of strong evidence with considerable impact. The final determination of merit is based on whether the applicant is in the top tier of the field, rather than on the applicant meeting the proper criteria.

4. Where Strong Cases Quietly Break Down?

The reason for failure of a number of EB1A petitions is not that the individual lacks credentials, but rather there is no evidence that demonstrates an impact. Listed below are the most common reasons for EB1A denials:

Evidence showing effort not impact: The mere fact that someone has published papers, reviewed articles or is the head of a project does not suffice unless the petition explains why their activity has had an effect on their field.

The lack of a national or international recognition: While an individual's achievement may be noteworthy in a local area, they may not have made an impact on a larger scale.

The disconnect between claims and evidence: Claiming to show leadership or being original in one’s work lacks validity if the claim is not supported by documentation by an outside party.

Over-reliance on common or routine career acts or accomplishments: Generally speaking, job responsibilities, promotions and other stated job accomplishments are viewed as something that could be expected or merely part of an individual's career.

USCIS adjudicates EB1A petitions in a manner that consistently indicate that there are many instances where substantive accomplishments lack context. Therefore, the focus of this final merits analysis of an EB1A petition should be on the ‘Impact vs. achievement’ of the individual's contributions to their field of endeavour.

5. What Evidence Carries Weight at the Final Merits Stage

In terms of the Final Merits Test decision, context is more important than the number of examples you provide. USCIS will assess whether your submitted evidence demonstrates field-level (i.e., industry-wide) recognition based on impact rather than participation alone.

Examples of heavy-weight evidence include:

• Independent evidence of reliance, citation or adoption of/applying the applicant's work by other professionals.
• Documentation of national vs. international recognition within the applicable field.
• Objective indicators of influence (i.e., widespread use of the applicant's work, policy change resulting from the applicant's work, and the establishment of industry standards influenced by the applicant).

A letter of recommendation from a professional working in the applicant's field can carry incredible weight if done properly. To be effective, the letter(s) must include specific and verifiable examples of the applicant's influence in their field and come from independent sources. General praise found in a letter of recommendation may not be considered significant under the evidentiary requirements of an EB1A case.

In addition, successful cases include examples that support the Final Merits Test criteria in a fluid, cohesive manner, contributing to an overall narrative that demonstrates how the applicant is unique.

6. Conclusion

The EB1A final merits test is not about how impressive a profile looks on paper. It is about whether the total evidence, viewed holistically, satisfies USCIS’s legal standard for extraordinary ability under the EB1A visa framework.

7. FAQs

1. What is the EB1A final merits test?

The EB1A final merits test is the second step in the USCIS adjudication process for an EB1A visa petition. After determining whether an applicant meets at least three regulatory criteria, USCIS conducts a holistic review—known as the USCIS final merits determination—to assess whether the totality of the evidence demonstrates extraordinary ability at the national or international level. It is a qualitative legal analysis, not a checklist review.

2. Does meeting three EB1A criteria guarantee approval?

No. Meeting three EB1A approval criteria satisfies only the minimum regulatory threshold. It does not guarantee approval of the green card based on extraordinary ability. During the final merits test, USCIS evaluates the strength, context, and impact of the evidence. Under EB1A criteria interpretation principles, officers examine qualitative vs quantitative evidence to determine whether the applicant truly meets the legal standard for EB1A.

3. Why do well-prepared EB1A cases fail at the final merits stage?

Many EB1A petition failures occur because the evidence shows activity but not impact. Common reasons for EB1A denials include insufficient national or international recognition, insufficient independent corroboration, and gaps in extraordinary ability evidence. At the final merits stage, USCIS focuses on impact versus achievements—whether the applicant’s work has influenced the field rather than merely participated in it.

4. What kind of evidence matters most for the final merits test?

Under EB1A evidentiary standards, evidence demonstrating sustained national or international recognition carries the most weight. USCIS looks for proof of field-level influence, independent validation, and measurable impact. A well-drafted immigration recommendation letter can help when it provides detailed, objective examples rather than general praise. Context and significance matter more than volume.

5. Can a denied EB1A petition be approved later?

Yes. A denied EB1A petition can succeed later if the weaknesses identified in the USCIS final merits determination are addressed strategically. Strengthening the petition narrative strategy, correcting evidentiary gaps, and aligning documentation with the legal standard for EB-1 extraordinary ability can significantly improve the chances of approval upon refiling.

The EB1A final merits test is often where even strong profiles face unexpected challenges. If you're unsure whether your evidence truly meets the USCIS final merits determination standard- or if you've received an RFE or denial- it may help to get a strategic second look. To better understand how your case aligns with the legal standard for EB1A, schedule a free consultation call .