Cracking the Code: The EB-1A Final Merits Determination

You've submitted evidence for three, four, maybe even five criteria. So why is there a feeling of uncertainty? It's because of the little-understood final step in the process: the "Final Merits Determination." This is not a mysterious black box; it's a formal, two-step legal analysis established in the landmark case Kazarian v. USCIS. Understanding it is the key to crafting a truly approval-ready petition.

The Kazarian Two-Step Analysis: An Officer's Playbook

A USCIS officer cannot simply approve or deny your case based on a gut feeling. They must follow this two-part framework:

Step 1: The Technical Check (Meeting the Criteria)

In this first step, the officer goes through your evidence with a checklist mindset. They look at each criterion you've claimed and determine if the evidence you've submitted meets the basic regulatory requirements. For example, if you claim the "Prizes or Awards" criterion, they check if the document you provided is, in fact, an award.

The goal of Step 1 is to answer a simple question: Has the petitioner submitted sufficient evidence to meet the baseline for at least three of the ten criteria?

Step 2: The Holistic Judgment (The Final Merits Determination)

This is where most applicants get nervous, and where a strong case shines. If you pass Step 1, the officer must then take a step back and look at all of your evidence as a whole. They are no longer just ticking boxes. They are making a final judgment based on all the evidence presented.

The goal of Step 2 is to answer the ultimate question: Does the evidence, considered in its totality, prove that the petitioner is "one of that small percentage who has risen to the very top of the field" and has "sustained national or international acclaim"?

Why "Three out of Ten" is Often Not Enough

The two-step analysis is precisely why simply meeting three criteria with "weak" evidence is a common path to denial. You might pass Step 1, but you will fail at Step 2.

Think of it like a PhD program. You must complete the required courses (Step 1), but that doesn't automatically make you a doctor. You must then write and defend a dissertation that proves you are a true expert capable of original, high-level contributions to your field (Step 2). Your EB-1A petition is your dissertation.

How to Build a Case That Wins at Step Two

  1. Craft a Compelling Narrative: Your Petition Letter is your primary tool for winning at Step 2. It must connect the dots for the officer, explaining how your individual achievements (the evidence) add up to a career of sustained acclaim (the standard).
  2. Emphasize Quality over Quantity: Don't just show you won an award; prove its prestige. Don't just show you published an article; prove its impact with citation data or journal rankings. Strong evidence for three criteria is far better than weak evidence for six.
  3. Leverage Your Recommendation Letters: Letters from independent, high-stature experts are pure gold for Step 2. They provide the exact thing the officer is looking for: third-party validation that you are, indeed, at the top of your field.

Do not fear the Final Merits Determination. Prepare for it. Use it as your opportunity to tell the complete story of your extraordinary ability and leave the USCIS officer with no doubt that you have earned your place at the top.