Can the final merits determination be subjective?

When dealing with immigration processes such as the EB-1 visa, it is common to encounter technical terms that raise questions, such as the ‘final merits determination’. This concept refers to the final stage in which an officer from the United States Citizenship and Immigration Services (USCIS) conducts an integrated review of all aspects of the case to decide if it meets the required criteria.

Although there are clear guidelines, this final analysis can indeed carry a certain degree of subjectivity. This happens because, even with well-defined objective criteria, the responsible officer will need to consider various qualitative elements of the case, such as the relevance and impact of the applicant’s contributions in their field of expertise.

This evaluation, which goes beyond simply adding up points or pieces of evidence, depends on the interpretation the evaluator makes of the documents and experiences presented, which can vary according to the context and specific nuances of each situation.

It is important to remember that strictly following immigration laws and maintaining the integrity of the process is fundamental. Therefore, at any stage, it is recommended to seek information from official sources and count on the support of trusted specialists to guide the preparation of your case. In this way, you avoid falling for miracle promises or misleading marketing that guarantee results without considering the real complexity of the criteria assessed by USCIS.

Staying well informed and cautious is essential to safely navigate this universe, where the final determination of merit can vary according to each evaluator’s perspective.

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.