I read that a court struck down how USCIS decides EB-1A cases. What happened?
You’re likely referring to Mukherji v. Miller. In January 2026, the U.S. District Court for the District of Nebraska vacated an EB-1A denial and ordered USCIS to approve the petition. The court held that USCIS’s two-step “final merits determination” framework had not been lawfully adopted through the rulemaking procedures required by the Administrative Procedure Act. It also rejected extra-regulatory requirements applied in that case, including the notion that the applicant had to remain indefinitely at the very top of the field or continually accumulate new achievements.
USCIS appealed the decision but withdrew its appeal in June 2026, leaving the district court’s ruling intact. The decision, however, did not create binding nationwide precedent and has not resulted in USCIS abandoning the final merits framework nationwide. For now, Mukherji is an important decision that applicants may cite in challenging certain final-merits reasoning, but it should not be read as a nationwide elimination of the final merits analysis.
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Related questions
Yes — an EB-1A denial at the final merits stage may be challenged, but the argument must address the specific reasons for denial. Potential grounds include USCIS applying an incorrect legal standard, overlooking relevant evidence, or failing to adequately explain its conclusions. Meeting at least three evidentiary criteria alone does not automatically establish eligibility.
Which remedy fits depends on why the petition was denied — see appeals, motions and refiling after a denial. In some cases federal court review is also available. Any reliance on a court ruling requires checking what it actually decided and whether it applies to your case. Review the denial promptly, as filing deadlines can be short.
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