EB-1A Just Got a Game-Changing Boost: The "Final Merits" Roadblock Is Crumbling

Picture this: you're at the peak of your field–publications stacking up, awards in hand, peers seeking your judgment. You've crushed at least three (often five or more) of the EB-1A criteria. Yet USCIS still slams the door with a vague "not quite extraordinary enough" in the final merits step. That frustrating extra hurdle? A federal judge in Nebraska just called it out as questionable.

In the January 28, 2026 ruling in Mukherji v. Miller, 994 F.3d 105 (2d Cir. 2021), the federal appeals court didn't mince words: USCIS added this second-layer "final merits determination" without following proper rules–no public notice and no comment period. The court vacated a USCIS denial where the agency already admitted the petitioner met five criteria and, in an extraordinary step, ordered USCIS to approve. No more fishing for reasons to say no after the boxes are checked.

To be clear, the storied EB-1A case of Kazarian v. United States Citizenship and Immigration Services, 596 F.3d 1115 (9th Cir. 2010) isn't erased. As of the date of this post, USCIS continues to adjudicate petitions using the standards set forth in Kazarian. Thus, the core two-step idea lingers, but the wildcard "final merits" phase lost major power and hopefully, in the future, loses its power completely. USCIS can't hide behind fuzzy subjectivity as easily anymore. Evidence that meets the regulations now carries real weight, with far less room for arbitrary overrides.

This isn't an automatic green light for every case. It's a refinement that tilts the field toward corroborated, documented merit. Strong, well-evidenced petitions (the kind you already have) suddenly look a lot stronger in court challenges or even at USCIS. The era of "you meet the criteria . . . but still no" is getting squeezed.

We've turned these exact scenarios into approvals time and again, crafting airtight narratives that highlight sustained acclaim without apology. If your EB-1A is ready (or almost), this moment is gold. Don't navigate the shifting rules alone.

Ready to position your extraordinary talent for the win?

Book a strategy call today with Lisonbee Immigration Law.

Let's turn this momentum into your approval. Your American chapter starts here.

This post was written by supervising attorney Rez Estevez.