In EB-1A, does meeting the criteria waive the final merits review?

No. In EB-1A, meeting the evidence criteria does not waive the final merits step. The evaluation unfolds in two phases, and satisfying the criteria only advances your case to the second one.

In the first phase, the officer determines whether you have assembled the types of evidence required for the category. Clearing this phase shows your case has the formal elements, but it does not conclude the analysis.

In the final merits phase, USCIS looks at the full record holistically: what matters is not simply how many criteria you touch, but the quality and impact of the evidence taken together. This is where the decision is made as to whether the evidence genuinely supports a claim of extraordinary ability and recognition at the top of your field.

A strong case, therefore, is not about checking boxes — it tells a coherent story of distinction. Because the review is case-by-case, it is worth consulting the latest guidance on the official source (USCIS) and reviewing your file with a specialist before filing.

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.