I read that a court struck down how USCIS decides EB-1A cases. What happened?
In Mukherji v. Miller, the U.S. District Court for the District of Nebraska vacated an EB-1A denial and ordered the petition approved, holding that USCIS's two-step "final merits determination" was unlawfully adopted under the Administrative Procedure Act. The court's reasoning was that EB-1A eligibility is set by statute and regulation rather than by unwritten agency standards, which would remove expectations that an applicant stay indefinitely at the very top of a field or keep accumulating new achievements. This is one district court decision, not a settled nationwide change in how petitions are adjudicated.
Did this answer your question?
Related questions
It may support an argument rather than supply an outcome. Where a denial rests on the discretionary second step, the approach the firm describes is to argue the statutory and regulatory criteria closely, challenge reliance on that step, and preserve the argument that USCIS exceeded its authority. Whether that fits your denial depends on what the notice actually says, so this is a case for an attorney to assess rather than a template.
AI-generated · Not attorney-reviewed