Many EB1A applicants believe that once they meet at least three regulatory criteria, approval is guaranteed. Unfortunately, that is not how USCIS adjudicates EB1A cases. Even after satisfying the initial criteria, USCIS performs a Final Merits Determination which is the most critical and misunderstood stage of the EB1A process. This is where many otherwise strong petitions are denied.
At The Messersmith Law Firm, we regularly help professionals overcome final merits denials, RFEs, and NOIDs, including cases filed pro se or by other attorneys, and secure EB1A approvals.
What Is the EB1A Final Merits Determination?
The final merits determination is the second step of EB-1A adjudication, required under Matter of Kazarian.
USCIS asks one core question:
Does the totality of the evidence show that the petitioner is among the small percentage at the very top of the field and has sustained national or international acclaim?
Meeting three criteria is necessary but not sufficient. USCIS evaluates quality, impact, and significance, not just quantity.
Why EB1A Cases Fail at Final Merits
The most common final merits problems we see include:
- Lack of Demonstrated Impact
- Evidence That Is Too Internal
- Weak Expert Letters
- No Clear Career Narrative
- Confusing “Important” With “Extraordinary”
How USCIS Evaluates EB1A at Final Merits
USCIS weighs:
• Scope and reach of your work
• Independent recognition
• Influence on industry standards, products, or policy
• Leadership and decision making authority
• Evidence of sustained acclaim over time
• Whether your work benefits the United States prospectively
This is why legal framing is just as important as documentation.
Successful EB1A Final Merits Case Examples
Case 1: EB1A Approved After Final Merits RFE (Technology Leader)
A cloud infrastructure engineer met four criteria, but USCIS issued an RFE stating that his work was “internal to his employer.” We reframed his achievements to show industry wide adoption, reliance by external partners, and measurable market impact.
Result: EB1A approved within two weeks of RFE response.
Case 2: EB1A Denied at Final Merits but Approved on Refile (Business Executive)
A global operations executive was denied despite meeting three criteria. USCIS concluded he was “successful but not extraordinary.” We rebuilt the case to highlight decision making authority, revenue impact, global influence, and peer distinction.
Result: EB1A approved on refile with no RFE.
Case 3: EB1A Approved After NOID for Final Merits (Researcher)
A researcher received a NOID stating USCIS was “not persuaded the petitioner rose to the top of the field.”
We submitted new citation analysis, third party adoption evidence, and a legal brief tying the evidence directly to final merits standards.
Result: NOID withdrawn and EB-1A approved.
Can You Win EB1A If Final Merits Were Questioned?
Yes, final merits denials are often fixable, but only with a precise legal strategy. Options may include:
• Strong RFE or NOID response
• Refiling with a restructured case
• Appealing to the AAO in limited situations
• Repositioning under EB1A corrected framing
What does not work is simply submitting more documents without legal analysis. If USCIS has questioned your EB1A final merits, or you want to ensure your case is built correctly from the start, expert legal guidance is critical.
Email: info@messersmithlaw.com
Call: 305-515-0613
Website: www.messersmithlaw.com
Why Choose Messersmith Law Firm for EB1A Final Merits Cases
• Over 20 years of immigration law experience
• Extensive EB1A and NIW approvals across tech, business, science, arts, and athletics
• Proven success salvaging RFEs, NOIDs, and prior denials
• Attorney led strategy no outsourcing
• Deep understanding of USCIS adjudication trends
Many of our EB1A approvals come from cases others thought were no longer winnable.