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

The process of obtaining an EB-1 visa involves several stages, during which USCIS (United States Citizenship and Immigration Services) carefully analyzes whether the applicant meets the requirements established by law. This type of visa is intended for individuals with extraordinary abilities in their fields of expertise, and therefore, the evaluation is quite thorough.

Regarding your question, it is important to understand that USCIS conducts not only a check of the formal criteria listed in the legislation but also an assessment of the final merits of the case. This stage, known as the ‘final merits determination,’ consists of a comprehensive analysis of the case as a whole, where the reviewing officer decides whether the sum of the presented elements actually demonstrates that the applicant possesses the necessary skills and experience that justify granting the visa.

Therefore, during the processing of the application, even if the applicant submits all the necessary documentation and meets the basic criteria, there may be a deeper verification to confirm whether, overall, the case stands on its merits. This broader analysis is an integral part of USCIS’ work to ensure that all relevant aspects of the applicant’s professional history and achievements are taken into account.

It is essential to emphasize the importance of strictly following United States immigration laws and obtaining support from experienced and qualified professionals. Special attention should be given to avoiding falling for miracle promises or offers that sound like marketing campaigns, as immigration processes involve legal complexities, and the best strategy is always to seek information from reliable and specialized sources.

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.