EB-1A Extraordinary Ability Visa - Final Merits Determination

EB-1A Extraordinary Ability Visa - Final Merits Determination.

EB-1A Extraordinary Ability Visa - Final Merits Determination
Photo by Sharon Waldron / Unsplash

The Final Merits Determination is a holistic evaluation of whether the individual’s achievements, as evidenced by the submitted documents, truly establish them as a person of extraordinary ability. This process emphasizes the need for substantial and compelling documentation to demonstrate the petitioner’s acclaim and standing at the top of their field.

Key Considerations for the Final Merits Determination:

  1. Evidence Quality: The quality of your evidence is paramount. Ensure that your supporting documents are compelling, relevant, and demonstrate your exceptional achievements.
  2. Consistency: Your evidence should paint a consistent picture of your extraordinary ability. Avoid contradictions or inconsistencies in your claims.
  3. Subjectivity: While the criteria are objective, the final determination can be subjective. The officer's interpretation of your evidence plays a significant role.  
  4. Comparison to Peers: Your achievements should be compared to those of your peers in the field. The higher the bar you set, the stronger your case.
  5. National or International Recognition: Demonstrating recognition beyond your local or regional area is essential. Awards, publications, and endorsements from renowned experts can significantly bolster your application.

 Common Evidence Submitted:

  1. Awards or recognitions of excellence.
  2. Membership in associations that require outstanding achievements.
  3. Published material about the individual and their work.
  4. Participation as a judge of others' work in their field.
  5. Original contributions of major significance.
  6. Authorship of scholarly articles.
  7. Display of the individual’s work at artistic exhibitions or showcases.
  8. Leading or critical roles in distinguished organizations.
  9. High salary compared to others in the field.
  10. Commercial success in the performing arts.