Can the final merits determination be subjective in EB-1?

To some extent, yes. In EB-1, the final merits determination is the concluding stage in which the USCIS officer reviews the case as a whole and decides whether the body of evidence genuinely demonstrates the level required by the category. It is not a simple checklist.

Guidelines and criteria exist to steer this analysis, but it also involves qualitative judgment: the officer weighs the relevance, impact, and consistency of your contributions. As a result, similar cases can receive different readings depending on the context and nuances of each file.

This does not mean the process is arbitrary, only that there is interpretive room. In practice, what you control is the quality and clarity of your evidence, which reduces room for doubt. Some best practices:

• Make the impact and reach of each achievement explicit.
• Connect the evidence into a coherent narrative.
• Favor verifiable proof from independent sources.
• Anticipate points that could raise doubts for the reviewer.

Because the final reading can vary, it is worth investing in a strong presentation and, when possible, seeking specialized support. To better understand how your case is evaluated, consult the official USCIS guidance.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.