Court Upholds USCIS Review Process for EB-1A Petitions

A federal judge in Nebraska has upheld USCIS’s two step review process for EB-1A extraordinary ability green card petitions. In Agarwal v. Miller, the court rejected a challenge to the final merits review, which examines whether applicants have shown sustained national or international acclaim beyond meeting the initial evidence requirements. However, another Nebraska judge has issued a conflicting decision, leaving the legal question unresolved. Applicants should continue presenting evidence that meets the criteria and demonstrates recognition at the top of their field.