EB1A Final Merits Determination: Examining the Two-Part Test for Extraordinary Ability.
Many EB1A aspirants meet at least three criteria, yet still fail to qualify for EB1A. The reason for this denial is that their evidence doesn’t meet the requirements of the EB1A final merits determination phase, which is the second part of the evaluation in determining eligibility for EB1A.
In this blog, we explain the requirements of the final merits determination phase that you need to meet, in addition to satisfying the EB1A criteria, to qualify for the EB1A category. Let’s begin,
Two-Part Evaluation
The origin behind this EB1A two-part approach has a story.
Kazarian, a petitioner, appealed to the Ninth Circuit Court of Appeal after his EB1A denial from USCIS and the Administrative Appeals Office. This case is known as Kazarian vs USCIS.
While Kazarian’s case failed to meet the EB1A requirements, the court focused on the procedural issues involved in evaluating EB1A cases and raised concerns about them to USCIS.
Following the court’s concern, USCIS released an interim policy memo in 2010 outlining the two-part approach for adjudicating EB1A, EB1B, and EB2 petitions. Let’s delve into the two-part approach followed in evaluating the EB1A petitions:
Evaluation Part 1
In this part, the USCIS determines whether the evidence you submitted meets a minimum of three out of the 10 EB1A criteria set by USCIS based on the regulatory standards mentioned in that particular EB1A criterion.
Moreover, in this part, USCIS will not examine:
- Whether your evidence showcases that you have received national or international acclaim.
- Whether your achievements have been recognized in your field of expertise.
Evaluation Part 2
In this phase, USCIS officers examine whether you are a person of extraordinary ability by considering your evidence as a whole and determining whether you have sustained national or international acclaim and whether you have risen to the top of your field of expertise. This part is called the EB1A final merits determination phase.
What Requirements Does USCIS Consider in the EB1A Final Merits Determination Phase?
In the second part of the evaluation, which is the final merits determination phase, USCIS officers consider your evidence as a whole to determine whether you possess a higher level of expertise necessary to satisfy the EB1A category.
Here are the four prongs that USCIS looks for in your evidence during the EB1A Final Merits Determination phase:
1. Sustained National or International Acclaim
To meet the EB1A requirement, USCIS officers determine whether you have achieved significant recognition in your field and maintained that same level of acclaim since then.
Furthermore, sustained acclaim does not have a defined time frame or age limit. Therefore, early-career professionals can still demonstrate sustained acclaim.
2. Continue to Work in your Area of Expertise
To satisfy EB1A, USCIS officers examine your intention to work in your field of expertise.
Some of the evidence to showcase your intention to continue your work in your area of expertise includes letters from current or potential employers and documents proving pre-arranged agreements such as contracts, etc.
3. Entry to Substantially Benefit the US
To qualify for EB1A, USCIS officers also examine whether you will substantially benefit the US in the future. Moreover, there are no specific rules defining what substantially benefits the US, so the term “substantially benefit” has a broader context.
4. Cream of the Crop
In the final merits determination part, USCIS officers check whether your accomplishments are recognized in your field of expertise, showcasing that you are one of the individuals among the small percentage of people who have risen to the top of your field.
Other Considerations in the Final Merits Determination Part
Here are important considerations that USCIS officers follow in the final merits determination part:
- USCIS officers cannot deny your EB1A application because you did not submit specific evidence when you submitted other evidence that makes you qualify for EB1A.
- USCIS officers consider relevant evidence in the EB1A final merits determination part, even if it doesn’t fit the EB1A criteria, as they evaluate your evidence as a whole to determine your eligibility for EB1A.
Conclusion
To qualify for EB1A, you need to meet a minimum of three EB1A criteria and prove that you have sustained national and international acclaim and have risen to the top of your field.
At the Smart Green Card VIP plan, we ensure that every piece of evidence you collect will not only meet EB1A criteria but also establish your extraordinary ability to satisfy the EB1A final merits determination part.
If you are seeking hands-on guidance on the EB1A profile-building process, explore the Smart Green Card VIP plan.
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