How is the ‘final merits determination’ made?

When starting the EB-1 visa process, the applicant undergoes a thorough review in which the USCIS immigration officer evaluates every detail of the petition. This final evaluation – called the ‘final merits determination’ – is basically the decision on whether the set of documents and evidence submitted proves that the applicant meets the specific criteria of the EB-1 category.

During this stage, the officer carefully reviews all the submitted evidence, such as awards, publications, letters of recommendation, and other documents demonstrating the applicant’s excellence or extraordinary achievements in their field of expertise. The examiner will check every criterion required by U.S. immigration law and determine whether, overall, the applicant has the merits for the requested benefit.

In some cases, the officer may request additional documentation or clarifications if any doubt or inconsistency is identified. It is important to highlight that this merit determination process is conducted with great attention to detail and therefore requires all documentation to be complete and organized. The goal is to ensure that the decision is based on real and verifiable information, complying with all legal requirements. Thus, honesty and truthfulness of the documents presented play a fundamental role.

Finally, it is crucial to remember that, due to the complexity of the United States immigration system, applicants should always strictly follow the current legislation. Seeking support from specialized immigration professionals can be a wise measure, but it is equally important to be cautious about miraculous promises or marketing approaches that guarantee certain results. Staying informed and acting responsibly is the best strategy in this type of process.

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.