How is the ‘final merits determination’ made?

The final merits determination is the stage at which the USCIS officer evaluates your EB-1 petition as a whole. It comes after an initial review in which the examiner checks whether the case includes the types of evidence the category requires.

Once that first part is complete, the focus shifts: rather than simply confirming individual items, the officer weighs the full body of evidence (awards, publications, recommendation letters, and other documents) to decide whether, viewed globally, your record truly demonstrates the level of distinction the category demands.

In practice, this means that gathering documents that check the required boxes is necessary but not sufficient. What is persuasive at this final review stage is the coherence and strength of the overall picture. A few things help:

• Complete, well-organized documentation that is easy to follow.
• Credible and verifiable evidence that holds together as a whole.
• A clear narrative about the impact and recognition of your work.

If the officer has doubts, additional clarification or documentation may be requested. Because each case is evaluated individually, it is worth checking the updated guidance from USCIS and, when possible, seeking specialized support.

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.