At the final merits stage, can they say ‘you meet 3 criteria but you are not extraordinary’?

In the context of the United States EB-1 visa, especially in the category for individuals with extraordinary abilities, it is essential to understand how immigration officers evaluate the candidate’s merits. The assessment is not limited to counting the number of criteria met, but rather to demonstrating that the body of evidence points to a level of excellence and international recognition that goes beyond the minimum requirements.

At the end of the merits review process, examiners can indeed conclude that a candidate meets three of the established criteria. However, even if those criteria are satisfied, the officer may consider that the candidate has not yet demonstrated the degree of ‘extraordinary’ required for the EB-1 visa approval. This occurs because, for this type of visa, the interpretation of merits involves a significant qualitative evaluation.

The evaluator needs to determine whether the candidate’s performance and achievements truly stand out at a level above other professionals in the field, reflecting recognition that exerts considerable influence in the sector. It is important to remember that the strictness in the analysis of immigration cases makes professional guidance indispensable, as qualified experts can appropriately advise and help prepare the necessary documents to build a solid argument.

Complying with United States immigration laws is essential, and candidates should always seek reliable sources to avoid scams or unfounded promises that arise in marketing campaigns. Each case is unique, and the evaluation criteria may involve nuances that go beyond the simple numerical matching of indicators. Therefore, staying well informed and cautious when preparing documentation and the case narrative is a fundamental step for a successful assessment.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.