On January 28, 2026, the U.S. District Court for the District of Nebraska issued a significant ruling in the case of Mukherji v. Miller, vacating a denial by USCIS of an EB-1A petition and ordering its approval. This decision directly challenges the longstanding practices of USCIS regarding the evaluation of EB-1A petitions, particularly the controversial ‘final merits determination’ used in the denial process.
Key Details:
- Court: U.S. District Court, District of Nebraska
- Decision Date: January 28, 2026
- Ruling: USCIS’s second-step test for EB-1A cases was unlawfully adopted
- Implications: Petitioners who met 3 or more EB-1A criteria but were denied may re-file or seek re-adjudication
This ruling represents one of the strongest federal rejections of the Kazarian framework, which had imposed additional requirements on EB-1A applicants. Affected immigrants may now have the opportunity to challenge previous denials and seek approval under the correct legal standards. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: @Meritlaw_llp