What is the ‘final merits determination’ in Kazarian?

The term final merits determination tied to the Kazarian case describes how USCIS structures the evaluation of an EB-1 extraordinary ability petition in two complementary steps.

In the first step, the officer checks whether your case gathers the types of evidence required by the category (awards, publications, relevant contributions, peer recognition, and other forms of validation). In the second, the so-called final merits determination takes place: rather than simply tallying items, the officer weighs the record as a whole to judge whether, taken together, your background genuinely demonstrates the level of distinction the category requires.

The practical lesson is that checking boxes on a list is not enough. What persuades in this holistic review is the coherence and strength of the narrative: well-contextualized evidence that speaks to one another and shows consistent impact and recognition in your field.

Because each case is assessed individually, it is worth reviewing the updated guidance from USCIS and, if it makes sense for your situation, seeking specialized support to organize your evidence in a compelling way.

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.