Nebraska Court Rejects USCIS “Final Merits” Test for EB‑1A Petitions

The U.S. District Court for Nebraska ruled that USCIS’s two-step adjudication process for EB‑1A petitions, including the “final merits determination,” was not validly created and did not follow proper rulemaking procedures. The court stressed it was reviewing the legality of the framework, not the merits of the petitioner’s case.