Final Merits in EB-1A Petitions: The Decisive Factor for Approval

Checking 3 boxes isn’t enough—show what makes you exceptional. | Adobe Stock

By Helen Partlow, Managing Attorney at Waypoint Immigration USA

When applying for an EB-1A visa, many applicants focus on proving they meet at least three of the ten eligibility criteria (such as awards, publications, and major contributions). But simply checking off these boxes does not guarantee approval.

At the final stage of adjudication, USCIS applies the Final Merits Determination, which assesses whether the applicant is truly among the small percentage at the top of their field. This step is often where cases succeed or fail, making it critical to build a compelling argument that ties together an applicant’s achievements into a clear, undeniable demonstration of extraordinary ability.

Why Final Merits Matters More Than Just Meeting Criteria

A common mistake in EB-1A petitions is assuming that meeting three criteria automatically leads to approval. However, USCIS is not simply checking a list, it is looking at the overall picture to determine whether the applicant has earned sustained national or international acclaim and whether their contributions place them among the top professionals in their industry.

Unlike fields where ranking systems exist, such as sports or academia, most industries do not have a standardized way of defining who is at the very top. Because of this, USCIS does not rely on strict numerical thresholds like top 0.1% rankings​. Instead, officers are evaluating whether the applicant’s career trajectory and recognition demonstrate that they are in an elite category.

This is where a well-crafted narrative becomes essential. The petition must tell a cohesive story that illustrates how the applicant’s career has led to an exceptional level of impact and recognition, rather than merely listing their accomplishments.

How to Prove You Are at the Pinnacle of Your Field

Since there is no universal definition of what makes someone a top professional, the argument must be built through context and comparison. This can be done by showing how the applicant’s work has received recognition beyond their immediate workplace or community, making an impact on a broader national or international scale.

For example, an applicant who has contributed to major technological innovations should not just present the technical details of their work but explain how their contributions have shaped the industry. If they developed a groundbreaking software tool, it is not enough to describe the tool itself, they must show that it has been widely adopted, cited by experts, or used by leading companies.

Similarly, suppose an applicant has been invited to speak at industry conferences, serve as a judge in competitions, or take on leadership roles in professional organizations. In that case, these should be framed as indicators that they are considered a thought leader in their field. The key is to demonstrate that they are not just highly skilled, but recognized as one of the best.

The Role of Objective Impact in Strengthening Final Merits

While narrative is essential, providing objective, quantifiable evidence helps USCIS officers, who are not experts in any particular industry, understand the applicant’s significance. Numbers can be powerful in making an argument more concrete.

For example, an applicant can strengthen their case by showing how their work has generated substantial revenue, resulted in widespread industry adoption, or led to operational efficiencies at a scale that is impressive even to someone outside the field​. If their innovations saved thousands of work hours or influenced decisions at major companies, these details make their contributions tangible.

Additionally, being associated with highly selective achievements—such as working at globally recognized companies, winning prestigious awards, or earning fellowships, helps frame the applicant’s success as exceptional. The more the petition can place their achievements in a competitive context, the stronger the argument becomes.

Bringing It All Together

Final merits are not just an administrative step at the end of the petition, they are the ultimate test of whether the applicant truly qualifies as an individual of extraordinary ability. The key to success is to go beyond listing accomplishments and build a coherent, persuasive argument that shows why the applicant stands out in their field.

A well-prepared petition will combine narrative and evidence to paint a clear picture of an applicant’s career as one of exceptional influence and sustained recognition. By focusing on this broader perspective, applicants can maximize their chances of successfully demonstrating that they belong at the top, and securing approval for their EB-1A visa.