A federal district court in Nebraska has ruled that the U.S. Citizenship and Immigration Services (USCIS) was wrong to deny an EB-1A petition, stating that the denial was “arbitrary and capricious.” The Department of Justice (DOJ) has since filed an appeal to the Eighth Circuit, which will examine the validity of USCIS’s two-step Kazarian framework used in evaluating EB-1A cases.
Key Details:
- Court ruling: USCIS must approve the EB-1A petition previously denied.
- Appeal filed: DOJ is appealing the decision to the Eighth Circuit.
- Framework questioned: The court scrutinized USCIS’s application of the Kazarian framework, which assesses whether applicants meet three of ten criteria before a subjective final merits review.
- Current process: No changes to the EB-1A adjudication process will occur while the appeal is pending.
This ruling could have significant implications for future EB-1A cases, as the Eighth Circuit’s decision may alter how USCIS evaluates extraordinary ability petitions. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: r/greencard