Visto n' Visa

Does EB-1B also have a final merits determination?

In EB-1B, USCIS does not merely verify criteria: it conducts a holistic review (final merits determination) to confirm international recognition. Understand what this means for your record.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 11, 2026
1 min read
Share

Yes. In EB-1B, which is designed for internationally recognized professors and researchers, the USCIS review does not simply consist of checking items off a list. There is a holistic assessment stage called the final merits determination, in which the adjudicator weighs whether all the evidence, taken together, genuinely demonstrates the level of distinction required by the category.

In practice, this means that gathering evidence that fits the criteria is the first step, but it does not conclude the analysis. The adjudicator also looks at the case as a whole, considering the strength and credibility of elements such as:

  • Publications and their impact in your field.
  • Citations and references to your work by other experts.
  • Recommendation letters and recognition from peers.
  • Awards and other evidence of prestige.

In other words, the quality and coherence of the record matter as much as the number of items. Because the review is conducted on a case-by-case basis, it is worth checking the current requirements with USCIS and, when possible, reviewing your strategy with an immigration specialist.

Learn more about EB-1

Category
EB-1 Green Card (1st priority)
Requirement
Extraordinary ability
Self-petition
Allowed (no sponsor needed)
Processing
6-18 months
All about EB-1

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.

Victoria's tips

Does EB-1B also have a final merits determination?

In EB-1B, USCIS does not merely verify criteria: it conducts a holistic review (final merits determination) to confirm international recognition. Understand what this means for your record.

Recommended reading about EB-1

More content about EB-1