United States federal judge has delivered a major decision that could change how “extraordinary ability” green card (EB-1A) cases are decided in the future. On January 28, 2026, Senior US District Judge Joseph F. Bataillon ruled that a long-used USCIS rule known as the Kazarian Rule, or “Final Merits Analysis,” is unlawful. This decision could help thousands of people whose EB-1A green card applications were denied over the last 15 years.
What is the EB-1A Extraordinary Ability Green Card?
The EB-1A green card is designed for people at the very top of their fields, including science, arts, education, business, and athletics. Applicants do not need an employer or a labour certification. Instead, they must show sustained national or international recognition.
Applicants can qualify either by winning a major international award or by meeting at least three out of ten listed criteria, such as published work, leading roles in respected organisations, or media recognition. Because it allows self-petition, EB-1A is considered one of the fastest paths to US permanent residency for high-achieving professionals.
What led to the ruling?
The lawsuit was filed after a journalist, Anahita Mukherji, applied for an EB-1A green card. US Citizenship and Immigration Services denied her application, even though she met the required number of regulatory criteria. USCIS relied on its two-step review process, created after the 2010 court case Kazarian v. USCIS. Under this process, applicants first had to meet the basic evidence requirements and then pass a second, highly subjective “final merits” review.
Judge Bataillon ruled that USCIS never had the legal authority to add the second “final merits” step in the way it did. The agency introduced it through internal policy memoranda rather than through formal rulemaking, which requires public notice, comment, and a clear explanation. The court also found that USCIS failed to justify why it changed its long-standing approach to evaluating EB-1A cases. Because of this, the judge ruled that the second step of the Kazarian test is not valid law.
Immigration attorney Brian Green, who handled the lawsuit, has stated that people who received EB-1A denials between 2009 and 2026 may now have a path to challenge those decisions.
Since USCIS has relied on the Kazarian two-step test for more than a decade, many past denials may have been based on an unlawful standard. Affected applicants may be able to sue USCIS to reopen and re-adjudicate their cases under the correct legal framework