Mukherji v. Miller: A New Court Decision Every EB-1A Applicant Should Know

Mukherji V. Miller: A New Court Decision Every Eb-1a Applicant Should Know

This session, we discussed a recent federal court decision addressing EB-1 extraordinary ability petitions. This is the first decision to hold that USCIS impermissibly created and applied the EB-1A two-step / “final-merits” framework without proper notice and comment. While it doesn’t overhaul EB-1 adjudications entirely, it’s an important development and a helpful tool in navigating EB-1A filings and challenges. This session, we covered what the court actually held, what this decision does (and does not) change, and how it can be used strategically in EB-1 extraordinary ability cases.