Is it common for USCIS to conduct a ‘final merits determination’ beyond checking criteria?

Yes. In the EB-1, the USCIS review typically has two layers. First, the officer checks whether the case meets the formal eligibility criteria for the category. Then, the officer conducts what is known as the final merits determination, a holistic assessment of the case as a whole.

In this second stage, the focus shifts from verifying whether each individual requirement was met to evaluating whether the full body of evidence convincingly demonstrates the level of distinction the category demands. Meeting the formal checklist items is necessary, but it does not by itself guarantee a favorable outcome.

In practice, this means the quality and coherence of the overall record carry as much weight as the number of criteria satisfied. A well-organized petition that tells a clear story about the impact and recognition of your work tends to fare better under this broader review.

Since each case is judged individually, it is worth reviewing the latest guidance from USCIS and, when possible, seeking specialized support to build a strong petition.

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.