Cracking the EB-1A Final Merits Determination

Understand the Kazarian two-step and build a case that survives the holistic Final Merits review.

You've shown evidence for three, four, maybe five criteria. The lingering uncertainty comes from the Final Merits Determination—the holistic second step defined in Kazarian v. USCIS. This is not a black box; it is a formal analysis you can prepare for.

The Kazarian two-step (the officer's playbook)

Technical check (Step 1): Does your evidence meet the baseline for at least three criteria? This is a checklist review.
Holistic judgment (Step 2): Do the materials, in totality, show you are among the small percentage at the top of your field with sustained acclaim?

Weak evidence can pass Step 1 but sink you at Step 2. Meeting “three of ten” with flimsy proof is a common denial path.

How to win Step 2

Craft a compelling narrative: Your petition letter must connect the dots between achievements and the legal standard.
Quality over quantity: Prove prestige and impact. A single elite award beats five internal “employee of the month” certificates.
Leverage recommendation letters: Independent, high-stature experts provide third-party validation that you’re at the top of the field.

Think dissertation, not checklist

Like a PhD: required courses (Step 1) are necessary but not sufficient. Your final merits argument is the dissertation defense that proves you're truly at the top. Prepare for it, and use it to make your approval feel inevitable.