EB1A Final Merits Determination Sustained Acclaim RFE?

Meeting at least three of the EB1A extraordinary ability criteria is a significant milestone in your petition process. But clearing this hurdle does not guarantee approval. After evaluating individual criteria, USCIS conducts a Final Merits Determination (FMD) to assess whether you truly meet the extraordinary ability standard.

Contents hide
1 What is the EB1A Final Merits Determination?
2 How USCIS Applies the Final Merits Determination
3 Common Reasons for Denial at the Final Merits Determination Stage
4 How to Strengthen Your EB1A Final Merits Determination Case
5 Common USCIS RFEs and How to Overcome Them
6 Conclusion

Many applicants assume that once they meet three or more criteria, their petition is secure. However, USCIS applies an additional, subjective test—one that has led to unexpected denials for many otherwise qualified individuals.

To pass the Final Merits Determination, you must prove that:
✅ You have sustained national or international acclaim
✅ Your impact and recognition go beyond just meeting individual criteria
✅ You will continue to contribute at a high level in the U.S.

This guide explains how USCIS applies the Final Merits Determination, what common pitfalls to avoid, and how to strengthen your overall case for approval.

PS: If you go through this guide and believe you have a potentially valid case, then don’t hesitate to fill out our free attorney case assessment questionnaire: Click here to access our free EB1A evaluation form!

EB1A-Final-Merits-Determination-RFE

What is the EB1A Final Merits Determination?

The Final Merits Determination (FMD) is the second stage of USCIS’s EB1A evaluation process. It occurs after USCIS determines that an applicant meets at least three out of the ten EB1A criteria.

At this stage, USCIS asks:
✅ Does the evidence demonstrate that the applicant is one of the small percentage who has risen to the very top of their field?
✅ Does the applicant’s body of work reflect sustained national or international acclaim?
✅ Will the applicant continue to work in their field at the same extraordinary level?

Even if an applicant meets three or more criteria, they can still be denied if USCIS determines that their overall record does not reflect extraordinary ability.

How USCIS Applies the Final Merits Determination

During the Final Merits Determination, USCIS evaluates:

1️⃣ The Overall Quality of Your Evidence

  • USCIS does not just count how many criteria you meet—they assess how strong your supporting documents are.
  • Example:
    ✅ A researcher with widely cited publications, high-impact research, and industry recognition is stronger than one with only a few low-citation papers and minor peer reviews.

2️⃣ The Significance of Your Contributions

  • USCIS examines whether your achievements demonstrate sustained recognition and impact.
  • Example:
    ✅ A musician whose work has topped international charts has stronger acclaim than a performer with only local music festival participation.

3️⃣ Whether You Have Sustained Acclaim

  • Meeting the criteria once is not enough—you must show that your recognition is ongoing.
  • Example:
    ✅ A scientist with consistent citations, research grants, and keynote speaker roles over a decade has a stronger case than one who published a single influential paper years ago.

4️⃣ Whether You Will Continue Working at an Extraordinary Level in the U.S.

  • USCIS requires proof that you will continue your career at a high level in the U.S.
  • Example:
    ✅ A startup founder with investment funding and plans to expand operations is stronger than someone without clear evidence of future work.

Common Reasons for Denial at the Final Merits Determination Stage

Many applicants receive Requests for Evidence (RFEs) or denials at this stage due to:

1️⃣ Weak or Inconsistent Evidence

❌ Meeting just three criteria with minimal supporting evidence
❌ Submitting unclear documentation that does not show industry-wide recognition
✅ Solution: Strengthen your case with letters from experts, press coverage, and proof of sustained acclaim.

2️⃣ Lack of Evidence of Sustained Acclaim

❌ Achievements that are outdated, one-time honors, or not continuously recognized
❌ No proof that the applicant is still active at an extraordinary level
✅ Solution: Show consistent contributions, new recognitions, and industry impact over time.

3️⃣ Failure to Prove Top-Tier Status

❌ Meeting EB1A criteria but not showing that you are among the top experts in your field
❌ No third-party endorsements or evidence of widespread influence
✅ Solution: Use expert testimonials, major awards, and media features to reinforce your standing.

How to Strengthen Your EB1A Final Merits Determination Case

Even if you meet the basic criteria, a well-documented final merits case can make or break your petition. Here’s how to ensure USCIS recognizes your extraordinary ability:

1. Strengthen Your Letters of Recommendation

  • Independent letters from leading experts should state:
    ✅ Your extraordinary influence in the field
    ✅ How your work compares to top professionals worldwide
    ✅ That your contributions have lasting impact

2. Provide Industry Recognition and Media Coverage

  • Submit news articles, trade magazine features, or interviews highlighting your success.
  • If you have industry awards, keynote speaker roles, or board memberships, include them as proof of acclaim.

3. Show Proof of Sustained Contributions

  • Include:
    ✅ Recent publications or citations showing continued research impact
    ✅ Ongoing business success or product development
    ✅ Upcoming performances, exhibitions, or professional engagements

4. Demonstrate Future Work Plans in the U.S.

  • Provide job offers, research collaborations, or business plans proving that you will continue working at an extraordinary level.

Common USCIS RFEs and How to Overcome Them

💬 RFE: “The applicant has met three criteria, but does not demonstrate overall extraordinary ability.”
✅ Solution: Submit additional evidence of national/international impact, media recognition, and industry influence.

💬 RFE: “The applicant’s acclaim is not sustained over time.”
✅ Solution: Provide evidence of recent achievements, new projects, and ongoing industry recognition.

💬 RFE: “The applicant does not have clear plans to continue their extraordinary work in the U.S.”
✅ Solution: Include employment offers, contracts, business plans, or upcoming projects.

Conclusion

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.

To strengthen your case, focus on:
✅ Demonstrating widespread recognition through media, awards, and expert testimonials
✅ Proving ongoing contributions and leadership in your field
✅ Providing clear documentation of future work plans in the U.S.

A well-prepared, evidence-backed petition will always have a higher chance of approval. If your case is borderline, consider working with an immigration attorney to refine your evidence before submission.

Further Reading on EB1A Final Merits Determination

For additional insights and official resources to strengthen your EB1A Final Merits Determination petition, check out these authoritative sources:

USCIS and Legal Guidelines

Case Law and RFEs Related to EB1A Final Merits Determination

Recognized Industry Standards for Extraordinary Ability

How to Strengthen Your EB1A Final Merits Determination Case

These resources can help further validate your case and provide additional guidance on proving sustained acclaim and ongoing contributions in your field for an EB1A petition.