On final merits (the second step of USCIS's EB-1A assessment process)
There’s a lot of focus on the ten EB-1A criteria.
But not much is usually said about final merits (at least when it comes to EB-1A profile-building).
Is it possible to profile-build to strengthen final merits?
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. To establish eligibility, the petition must demonstrate that the person has sustained national or international acclaim and that their achievements have been recognized in the field of expertise, indicating that the person is one of that small percentage who has risen to the very top of the field of endeavor. The officer applies a preponderance of the evidence standard when making this determination.
So final merits appears to come down to:
Whether the petitioner has sustained national or international acclaim.
Whether their achievements have been recognized in the field of expertise.
That in totality based on the above two requirements, the petitioner is then able to show that they are one of that small percentage who has risen to the very top of the field of endeavor.
The question is then:
Can you profile-build in a way to show acclaim and recognition for your work?
Based on what I’ve seen, yes.
What are some ways to generate acclaim?
Speak at top international conferences about the work you do that on its own shows that you are a top professional (reshaped your field through the work you did for your company? Go talk about it at a top international conference in your field).
Join exclusive member organizations in your field where membership is vetted by top professionals in your field (this can help you work towards the membership criterion).
Publish papers in a top publications in your field.
There is no established threshold for acclaim but any top venue where you are able to talk about your work and expertise can potentially “add” acclaim to your profile.
You can also generate recognition by doing some of the above activities or other similar activities.
Want access to my profile-building opportunities database? Sign up as a paid subscriber ($12 per month) through the link below to get access to:
My profile-building opportunities database (I update the database every few days, there are already over 70+ opportunities in the database).
My guide to EB-1A profile-building.
AAO decisions reviews (EB-1A appeals, which provide some insight into USCIS’s reasoning for denying an EB-1A) from which I share profile-building insights.