A federal judge in Nebraska ruled on January 28, 2026, that the U.S. Citizenship and Immigration Services (USCIS) unlawfully applied the Kazarian two-step test in evaluating EB-1A petitions. This ruling is significant for individuals who have applied for EB-1A classification over the past decade, as it challenges the subjective criteria used in the application process.
Key Details:
- The court granted summary judgment against USCIS, declaring the final merits determination unlawful.
- USCIS introduced the Kazarian test without proper rulemaking procedures.
- The case has been remanded to USCIS for reconsideration of EB-1A applications.
- Applicants denied between 2009 and 2026, particularly those meeting three or more criteria, may be impacted.
This ruling could potentially reopen opportunities for many applicants who were previously denied based on subjective evaluations. However, it is important to note that strong evidence will still be required for approvals, and USCIS may choose to appeal the decision. Individuals with EB-1A denials are advised to consult with experienced immigration attorneys to review their cases.
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Source: @NikinTharan