What Is the Final Merits Step in EB-1A and Why Do People Fail It?
At Jinee Green Card, Final Merits is where many otherwise solid EB-1A petitions fail. The first stage asks whether the petition satisfies at least three regulatory criteria. The second asks whether the evidence, taken together, proves extraordinary ability.
Team Jinee
Extraordinary Ability. Precisely Positioned.
June 2026
6 min read
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Jinee approval rate
Two stages
Adjudication framework
Kazarian
Two-step framework
2026 standard
USCIS aligned
On This Page
What Is Final Merits in EB-1A?
Why Do People Fail Final Merits?
Why Final Merits Exists
Final Merits Checklist
Why Choose Jinee Green Card
FAQs
References
Final Merits Determination is the second and decisive stage of EB-1A adjudication. Once an applicant meets at least three of the ten criteria, an officer conducts a subjective, qualitative review of all the evidence. The officer determines whether the applicant is truly among the small percentage at the very top of their field.
USCIS reviews EB-1A petitions in two stages under the Kazarian framework. Stage one counts the regulatory criteria. Stage two weighs the whole record. Both stages have to be cleared.
According to Jinee Green Card, “Final Merits is the silent killer of EB-1A petitions. The applicant clears stage one by presenting evidence under three criteria. The officer then reads the cumulative record and concludes the evidence does not establish sustained acclaim. The petition fails. The applicant assumed meeting the criteria count was enough. It is not.”
Our EB-1A profile building work at Jinee Green Card treats Final Merits as the primary target from the start. The evidence under each criterion is audited for both stage one qualification and stage two credibility. Both threads run in parallel across the whole petition build.
Stage one is a checklist. Stage two is a judgment call. The petition that passes the checklist but fails the judgment call is the most common EB-1A denial pattern.
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What Is Final Merits in EB-1A?
USCIS adjudicates EB-1A in two stages. The structure traces back to Kazarian. Both stages apply to every petition.
Two-stage adjudication under Kazarian:
The framework comes from the Ninth Circuit decision in Kazarian. USCIS adopted it across all EB-1A adjudications. Stage one is the regulatory criteria count. Stage two is the qualitative Final Merits assessment. Both must be passed.
Stage one is a threshold review:
The officer checks whether the applicant has presented evidence under at least three of the ten regulatory criteria. Stage one is primarily a threshold review. Did the petitioner submit evidence under three criteria. Was the evidence relevant to the criterion claimed. Well-prepared petitions tend to clear stage one without difficulty.
Stage two is judgment on the totality of evidence:
Final Merits Determination asks a different question. Has the applicant demonstrated sustained national or international acclaim at the top of the field. The officer reads the totality of the evidence and weighs the cumulative record qualitatively. Strong individual criterion evidence does not automatically produce a positive Final Merits outcome. The evidence has to hold together as a whole.
The 2022-2024 Policy Manual updates clarified Final Merits:
The USCIS Policy Manual updates of October 2022 and January 2024 explicitly addressed Final Merits evaluation. The updates outlined what officers should weigh at stage two. Evidence quality. Independence of letter writers. Specificity of contribution claims. The clarification raised the bar on what evidence quality satisfies the second stage.
Applicants weighing how recent USCIS guidance affects their petition can review our breakdown of the EB-1A profile changes and how they shape stage two adjudication.
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Why Do People Fail Final Merits?
Final Merits has become one of the most common reasons otherwise qualified EB-1A petitions receive RFEs or denials. The failure patterns are predictable. Four categories cover most cases.
Weak evidence under individual criteria:
Petitions sometimes clear stage one with technically qualifying but weak evidence under each criterion. A single award. One or two citations. A single judging assignment. The cumulative record then reads as thin at Final Merits. The officer concludes the evidence does not establish sustained acclaim. The fix is presenting stronger evidence under fewer criteria rather than minimal evidence under three.
Internal organisational impact without field-level reach:
Critical role evidence often shows substantial internal impact at the applicant’s company. Final Merits asks whether the impact extended beyond the organisation to the broader field. Internal-only contribution evidence rarely satisfies stage two. The fix is documenting external adoption, industry recognition, or independent acknowledgement of the applicant’s contributions.
Generic independent letters:
Letters from senior figures that fail to describe the applicant’s specific contributions weaken Final Merits. The 2022-2024 USCIS Policy Manual updates explicitly called this out. Generic praise. Standardised templates. Letters that read as if the writer barely knows the applicant’s work. Final Merits adjudicators discount these. The fix is preparing letter writers with the specific contributions the writer can describe from their own knowledge.
RFE responses that do not address Final Merits:
USCIS often issues an RFE when stage one passed but Final Merits is unclear. When the RFE questions Final Merits, submitting additional copies of the same evidence rarely helps. The response should explain how the existing evidence fits together, while adding only the new evidence needed to address the officer’s specific concerns. The eighty-seven-day response window applies to RFEs.
A recent EB-1A approval documents how a senior consultant structured the evidence package to satisfy both Kazarian stages cleanly.
Why Final Merits Exists
The ten criteria were intentionally written broadly because extraordinary careers look different across industries. Someone may satisfy three criteria through awards, publications, or judging. Another satisfies them through original contributions and leadership. Final Merits exists so USCIS can evaluate whether those different forms of evidence, taken together, truly demonstrate extraordinary ability rather than simply checking regulatory boxes.
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Final Merits Checklist
During Final Merits, USCIS officers commonly ask the following questions of the evidence. A petition that answers each in the affirmative is on strong footing at stage two.
✔ Is the recognition sustained over time? The evidence should show the applicant’s acclaim across multiple years, not concentrated in a single moment.
✔ Is the recognition independent? Recognition from third parties outside the applicant’s employer carries more weight than internal endorsements.
✔ Is the impact limited to one employer? Field-level impact is what Final Merits credits. Impact confined to a single organisation is weaker evidence.
✔ Do experts actually know the applicant’s work? Letters and citations should come from people who can describe specific contributions from their own knowledge.
✔ Is the applicant nationally or internationally recognised? Local or regional recognition alone does not clear the sustained acclaim standard.
✔ Does the evidence point to someone near the top of the field? The cumulative record should distinguish the applicant from competent peers rather than showing generalised professional accomplishment.
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Why Choose Jinee Green Card?
At Jinee Green Card, we have helped over 500 professionals secure approvals at a 93 percent rate. The work spans EB-1A, O-1A, and EB-2 NIW. Final Merits Determination is the focus of most of our EB-1A petition work. Immigration attorneys structure the evidence package to clear both Kazarian stages. An ex-USCIS officer on the team has read Final Merits decisions from inside the agency and knows what evidence patterns adjudicators find persuasive. Most applicants who reach us have qualifying stage one evidence. The audit then focuses on cumulative record credibility for stage two. Petitions typically satisfy Final Merits once the documentation is structured around what stage two actually asks.
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Frequently Asked Questions
What is Final Merits Determination in EB-1A?
Final Merits Determination is the second stage of EB-1A adjudication under the Kazarian framework. After USCIS confirms that evidence has been presented under at least three of the ten regulatory criteria, the officer evaluates the cumulative record. The question at this stage is whether the evidence demonstrates sustained national or international acclaim at the very top of the field. The framework comes from the Ninth Circuit decision in Kazarian.
Can someone meet more than three criteria and still fail Final Merits?
Yes. Meeting four, five, or even six criteria does not guarantee approval. USCIS still evaluates whether the overall evidence demonstrates sustained national or international acclaim. The criteria count is a threshold at stage one. Final Merits is a separate qualitative judgment on the cumulative record. Applicants sometimes satisfy multiple criteria on paper while the evidence taken together does not show acclaim at the top of the field.
Does Final Merits apply to every EB-1A petition?
Yes. Every petition that satisfies the initial evidentiary review proceeds to a Final Merits determination. The two-stage framework applies uniformly across all EB-1A adjudications regardless of the applicant’s field, evidence type, or filing route. Premium processing does not skip Final Merits. The stage two review runs in every case.
Why do EB-1A petitions fail Final Merits?
Most failures fall into four categories. Weak evidence under individual criteria that technically clears stage one but reads as thin in cumulative review. Critical role and contribution evidence that shows only internal organisational impact without field-level reach. Generic independent letters that fail to describe the applicant’s specific contributions. RFE responses that re-prove the original criteria without addressing the qualitative Final Merits concern. The 2022-2024 USCIS Policy Manual updates elevated the bar on what satisfies stage two.
How do I prepare for Final Merits?
Strong Final Merits preparation runs through the entire petition. The evidence under each criterion should be substantively strong, not just technically qualifying. Independent letters must come from senior figures at unrelated organisations and describe specific contributions and impact. Critical role evidence must show field-level reach beyond the applicant’s own employer. The petition letter must explicitly tie the cumulative evidence to the sustained acclaim standard.
Does premium processing affect Final Merits review?
No. Premium processing under Form I-907 affects only the adjudication timeline, not the evidentiary standard. The Kazarian two-stage review applies to both premium and regular filings. Premium delivers a decision within fifteen business days. The Final Merits determination still happens. The qualitative review is the same.
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References
USCIS Policy Manual — Extraordinary Ability (EB-1A):
Employment-Based Immigration: First Preference EB-1 — USCIS Official:
Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney for guidance specific to your case.
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