In the final merits determination, can I meet the criteria and still not be considered extraordinary?

Yes, this can happen. In the EB-1 for extraordinary ability, the analysis unfolds in two stages: first, it is determined whether the applicant meets the evidentiary criteria; then comes what is called the ‘final merits determination’, a qualitative assessment of the overall record.

In other words, meeting the criteria is necessary, but it does not close the discussion. In this second stage, the officer weighs whether your achievements, viewed as a whole, genuinely place you at a level of distinction above others in the field, reflecting recognition and influence.

• First stage: you meet the required evidentiary criteria.
• Second stage: the overall record demonstrates the expected level of distinction.
• It is possible to pass the first stage and still not be persuasive in the second.

For this reason, strength lies not in accumulating items, but in building a compelling narrative of excellence. Since the analysis is qualitative and case by case, it is worth reviewing your argument 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.