Does winning the Final Merits Determination in EB-1 guarantee approval?

No. In the EB-1, a favorable outcome in the Final Merits Determination is a very positive sign, but it does not equal guaranteed approval. It is one step in the analysis, not the final act that issues the decision.

At this stage, the officer weighs the totality of your evidence to determine whether you have truly reached the level of recognition required by the category. Even with an encouraging result here, the petition may still go through additional reviews before a final decision is reached.

• The officer may request additional documents or clarifications.
• Administrative reviews may occur before the case is concluded.
• Each case is decided individually, with no automatic outcomes.

For this reason, treat the Final Merits Determination as an important milestone, not a certainty. To track your case and understand the next steps, consult the official USCIS guidance and, if needed, seek the support of a specialist.

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.