I tried EB-1A and I lacked ‘final merits.’ Should I insist on the same criteria?

The EB-1A visa is intended for individuals who demonstrate extraordinary ability in their fields of expertise, which makes the standard of review very high. If your petition was denied for lack of ‘final merits,’ it is essential to specifically understand which aspects fell short and how you can strengthen your case going forward.

Each evaluation conducted by U.S. immigration is very detailed and considers the totality of the evidence presented. In your case, upon identifying that there were missing elements that robustly proved the final merits required by the EB-1A standard, it may be helpful to review the points highlighted in the decision.

In a new petition, you can indeed apply the same criteria, but the essential thing is to improve the documentation. This means seeking more compelling evidence of your achievements, recognition in the field, significant participation in notable projects, and other proof that strengthens the narrative supporting your professional excellence.

It is important to emphasize that each case has its particularities. Therefore, the refiling strategy may require adjustments to the criteria or even the inclusion of new aspects that were not previously explored in depth. Paying close attention to the USCIS feedback details is crucial to know whether repeating some criteria will be sufficient after the expansion of evidence or if it will be necessary to redirect the focus to other areas that can better demonstrate your merit.

Always remember to strictly follow U.S. immigration laws and seek guidance from professionals or specialized companies in the field. This helps avoid frauds, scams, or unrealistic promises spread by marketing campaigns that often do not correspond to the complexity of an EB-1A case.

Investing in detailed analysis and careful preparation of your documentation makes all the difference, increasing the chances that your petition fully meets the required criteria.

In short, insisting based on the same criteria can be an alternative, but with the need to substantially strengthen the points that were initially not sufficiently proven. Updating and expanding the evidence makes the petition more robust and aligned with the requirements of USCIS evaluators.

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.