A federal court has struck down the controversial “Kazarian Step Two” final merits determination used by USCIS in adjudicating EB-1A extraordinary ability green card petitions. The ruling, issued on [insert date], found that USCIS’s imposition of an additional totality-of-circumstances review was unlawful under the Administrative Procedure Act (APA). This decision means that applicants will no longer be required to demonstrate that they are at the apex of their field beyond the existing criteria outlined in the regulations.
Key Details:
- The court ruled that the Kazarian framework constituted a legislative change requiring formal rulemaking.
- USCIS cannot impose additional substantive requirements through policy memoranda.
- Applicants must still satisfy three of the ten criteria for EB-1A petitions as per existing regulations.
- This ruling may streamline the adjudication process for EB-1A petitions moving forward.
This decision is expected to benefit many immigrants seeking EB-1A green cards by simplifying the evaluation process. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Monique Kornfeld