A federal court has ruled that the U.S. Citizenship and Immigration Services (USCIS) two-step framework for adjudicating EB-1A green card applications is unlawful. Judge Joseph F. Bataillon found that the framework, which requires a subjective determination of extraordinary ability, was adopted without proper notice-and-comment rulemaking and failed to acknowledge significant policy changes over the past 20 years. This ruling mandates USCIS to approve a specific petition rather than simply remanding it.
Key Details:
- Judge Bataillon’s ruling was issued recently, invalidating the two-step framework for EB-1A applications.
- The court stated that the framework was arbitrary and capricious, lacking statutory support for the imposed
Source: Dr. Bridger Ammar