In the EB-1 visa review process, it is common for applicants to feel confused when receiving a decision indicating that, although they meet some of the preliminary criteria, the final evaluation (the so-called ‘final merits’) was not favorable. It is important to understand that this process is quite detailed and requires the candidate’s profile to be examined from multiple perspectives to verify if all overall requirements have been met.
The EB-1 visa has a series of criteria that may vary according to the area of expertise, and the fact that you have met four of them does not, by itself, guarantee that the final evaluation will be positive. In practice, officers from the United States Citizenship and Immigration Services (USCIS) analyze the overall professional merit, significant contributions, and the impact of achievements in your field of expertise.
In other words, even if certain technical parameters have been met, the evaluating officer may conclude that the totality of your accomplishments does not demonstrate the exceptional level expected for the EB-1 category. It is essential to consider that the criteria are assessed holistically and often the details and evidence presented need to be even more robust to convince the evaluator that the candidate is among the best in their field on a global scale.
Therefore, factors such as the quality, relevance, and recognition of your contributions, as well as how these fit into the statutory standards of excellence, may influence the final decision. Remember that complying with United States immigration laws is crucial, as well as seeking reliable sources of information and avoiding involvement with offers or marketing campaigns that promise guarantees of approval.
If there are doubts or a need for clarifications, it is advisable to seek specialized advice and verify the veracity of the information provided. Each case is unique, and meeting some criteria is not automatically synonymous with final approval on the merits, as USCIS needs to demonstrate that the results and impacts of your achievements meet the high standard that the EB-1 visa requires.
I hope this explanation helps you better understand why, even meeting four of the criteria, the final analysis may not have been favorable.
Learn more about EB-1 Visa
- Category
- EB-1 Green Card (1st priority)
- Requirement
- Extraordinary ability
- Self-petition
- Allowed (no sponsor needed)
- Processing
- 6-18 months
Victoria Harper
Editor-in-Chief
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.