A significant ruling was made on January 28, 2026, by United States Senior Judge Joseph F. Bataillon, declaring the “Kazarian Rule,” also known as the “Final Merits Analysis,” as no longer valid law. This decision is a major victory for individuals seeking EB-1A extraordinary ability green cards, as it reduces ambiguity in the adjudication process.
In the case of journalist Anahita Mukherji, her application for an EB-1A green card was denied by USCIS after they applied the two-step Kazarian test, which required her to meet three of ten criteria and then pass a subjective final merits evaluation. Judge Bataillon criticized this second step, stating that USCIS implemented it unlawfully without proper notice and comment rulemaking.
Key Details:
- Ruling Date: January 28, 2026
- Judge: Joseph F. Bataillon
- Case: Mukherji v. Miller
- Outcome: USCIS denial vacated and I-140 remanded for approval
This ruling is expected to impact how USCIS evaluates EB-1A applications, potentially leading to more approvals for applicants. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: r/O1VisasEB1Greencards