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- Mastering the Final Merits Determination for EB1A Visa
The final merits determination is not just a formality—it's the cornerstone of your entire EB1A application After you’ve satisfied the basic regulatory criteria, the USCIS officer will shift their focus to a holistic review of your entire petition
- The EB-1 Final Merits Determination: Is Meeting Three Criteria Enough . . .
The two-step Kazarian analysis mandates a rigorous evaluation of EB-1 applicants beyond the checklist of three (3) criteria, and is a fact-based intensive assessment of the length (“sustained acclaim”) and quality of the applicant’s career (“rank among the small percentage”)
- EB-1A Approval Rates and NOIDs
Over and over, case outcomes tracked by the USCIS Administrative Appeals Office (AAO) decisions confirm that final merits—or the holistic evaluation of whether you truly qualify as “extraordinary”—is often where USCIS finds a petition lacking
- Chapter 2 - Extraordinary Ability - USCIS
The following tables describe the limited determinations the officer should make in the first step of the analysis to determine whether the person has met the applicable evidentiary criteria, including any qualifying comparable evidence
- EB1A Final Merits Determination Sustained Acclaim RFE?
Passing the Final Merits Determination is essential for EB1A approval Even if you meet three criteria, USCIS requires clear proof that you are at the top of your field with sustained acclaim
- On final merits (the second step of USCISs EB-1A assessment process)
If you look at the USCIS Policy Manual, you’ll see the following section on final merits: In the second step of the analysis, the officer should consider the petition in its entirety to determine eligibility according to the standard
- The Final Merits Determination for USCIS to Evaluate an EB-1A Petition
Thus, the proper procedure for evaluating an EB1 Extraordinary Ability visa petition is twofold First, USCIS will analyze the record and count the number of evidentiary criteria met, without imposing novel substantive or evidentiary requirements beyond those set forth by regulation
- How Important Is the Final Merits Evaluation (Final Merits . . .
The Final Merits Evaluation is the last and most critical stage of the EB-1A visa application process It goes beyond meeting the basic eligibility criteria, focusing on whether the applicant’s achievements prove they are truly extraordinary
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