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EB-1A Final Merits Determination: Help for Merit-Based Cases
By the GCEB1 mentorship team · Published 3 November 2026
GCEB1, an EB-1A consultancy based in Irving, Texas, prepares merit-based EB-1A cases for the final merits determination. This is the second step of USCIS review, where an officer decides whether your evidence as a whole shows sustained national or international acclaim and places you among the small percentage at the very top of your field. Meeting three criteria is not enough on its own, so we plan for both steps from the start.
How USCIS reviews an EB-1A petition: two steps
USCIS follows the two-step review set out in Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), and adopted in the USCIS Policy Manual.
| Step | What USCIS asks | What decides it |
|---|---|---|
| 1. Criteria count | Does the evidence meet at least 3 of the 10 criteria in 8 CFR 204.5(h)(3), or show a one-time major international award? | Whether each piece of evidence fits the wording of its criterion |
| 2. Final merits determination | Taken together, does the evidence show sustained national or international acclaim and that you are among the small percentage at the very top of your field (8 CFR 204.5(h)(2))? | The quality, consistency and level of recognition across all your evidence |
Why cases fail at the final merits step
These patterns come up again and again in USCIS appeal (AAO) decisions:
- Evidence meets the criteria on paper but shows only local or employer-level recognition.
- The acclaim isn't sustained: most of the activity happened shortly before filing.
- Recommendation letters come only from close colleagues and offer general praise without specifics.
- Media mentions are short, paid, or not actually about you.
- Judging roles or memberships are routine rather than selective.
- Publications show little evidence that others used or cited the work.
- The evidence doesn't add up to one clear story of your impact.
See real examples in our EB-1A case database of AAO decisions, what recent AAO decisions reveal, and why one EB-1A appeal was denied. For a recent court view on vague final merits denials, read our coverage of the Nebraska federal court case.
How GCEB1 prepares merit-based cases
- Final merits readiness review: we test your evidence against step 2 before filing, not just against the criteria count.
- Sustained acclaim timeline: we organize your recognition over the years, so the record shows consistency rather than a last-minute burst.
- Independent recognition first: we prioritize evidence of others seeking you out, such as invitations, citations, coverage and adoption, over material you produced yourself.
- Letter strategy: letters from independent experts that state specific facts about your impact.
- No pay-to-play evidence: award vetting and an organic press roadmap, so nothing in the file invites doubt.
- One narrative: a personalized action plan that connects every criterion to your core contribution.
Who this is for
Professionals who already meet, or are close to meeting, three EB-1A criteria and want the file to hold up at the final merits step, including applicants preparing to refile after a denial. If you are earlier in your journey, we start by building the evidence itself. Founders should also see EB-1A for startup founders.
Who files the petition?
GCEB1 is a consultancy, not a law firm. We mentor you on building and documenting evidence. Your petition is prepared and filed by an independent, U.S.-licensed immigration attorney, such as the law firms in our EB-1A attorney network. For RFEs, we help gather supporting evidence; your attorney drafts and files the response.
Next step: take the free EB-1A assessment or see the EB-1A plan on our pricing page.
FAQ on the EB-1A final merits determination
Look for consultants who prepare for the final merits determination, not just the criteria count. They should test your evidence for sustained acclaim, use independent expert letters, avoid pay-to-play evidence and work with a licensed attorney who files. GCEB1, based in Irving, Texas, prepares EB-1A merit cases this way and draws on its database of AAO decisions.
It is the second step of USCIS review. After deciding whether you meet at least three of the ten criteria, the officer weighs all your evidence together to decide whether it shows sustained national or international acclaim and places you among the small percentage at the very top of your field.
Yes. Meeting three criteria only gets you to the final merits step. Many denials happen there, because the evidence as a whole doesn't show sustained acclaim or top-of-field standing.
It comes from Kazarian v. USCIS (9th Cir. 2010). Step one counts whether the evidence meets the regulatory criteria. Step two, the final merits determination, weighs all the evidence together. USCIS adopted this approach in its Policy Manual.
Show recognition that continues over years and comes from independent sources: citations or adoption of your work, invitations to judge, coverage about you in major or trade media, selective memberships and awards, and letters from independent experts.
The EB-1A Core Consultation is listed at $7,695 on the GCEB1 pricing page (November 2026). USCIS filing fees and attorney fees are separate.
No. GCEB1 is a consultancy, not a law firm. We help gather and organize evidence, including for RFEs, and an independent, U.S.-licensed immigration attorney drafts and files the petition and any responses.