Federal Court Rules USCIS Wrong on EB-1A Denial: DOJ Now Appealing 2026

A significant legal development unfolded when a federal district court in Nebraska ruled that USCIS had improperly denied an EB-1A (Extraordinary Ability) petition. The court found USCIS's reasoning to be 'arbitrary and capricious,' a legal standard that forces agencies to provide rational, evidence-based justifications for their decisions. The court ordered USCIS to approve the petition outright — a relatively rare outcome, as courts typically remand cases back to the agency for reconsideration rather than mandating approval. This suggests the court found the evidentiary record strongly favored the applicant. The Department of Justice has since filed an appeal on behalf of USCIS, indicating the government is not prepared to accept this precedent without a fight. If the appellate court upholds the district court ruling, it could constrain how broadly USCIS can exercise discretion when evaluating extraordinary ability petitions. For employment-based immigrant applicants broadly — including EB-3 petitioners — this case matters because the 'arbitrary and capricious' standard applies across all USCIS adjudications. A strengthened judicial check on USCIS denials could improve accountability in processing decisions at all preference categories. Applicants and attorneys should monitor the appellate outcome closely, as it may set precedent for challenging unfavorable USCIS decisions through federal courts.