USCIS Drops Mukherji Appeal: 2026 Green Card Victory for Adjustment of Status Applicants

In a significant development for employment-based immigration applicants, USCIS has withdrawn its appeal in the Mukherji case from the 8th Circuit Court of Appeals. The withdrawal means the lower court's ruling — which was favorable to the immigrant petitioner — will now stand as binding precedent within the 8th Circuit's jurisdiction. The Mukherji case centered on USCIS's interpretation of adjustment of status (AOS) procedures and eligibility requirements for employment-based green card applicants. The agency's decision not to continue pursuing the appeal signals either an acknowledgment of the legal weakness of its position or a strategic policy shift under current agency leadership. For EB-3 and other employment-based applicants currently in the adjustment of status process, this outcome may have practical implications depending on the specific legal issue at the heart of the case. Applicants who were affected by the USCIS interpretation challenged in Mukherji may now have grounds to revisit denied or stalled cases. Immigration attorneys are advising affected clients to consult with counsel to determine whether the Mukherji ruling applies to their specific circumstances. The withdrawal of the appeal removes the risk of a higher court reversing the favorable lower court decision, providing more legal certainty for those who can benefit from the ruling. This development adds to a series of court-driven corrections to USCIS adjudication practices in 2026. Applicants are encouraged to monitor official USCIS policy guidance for any updates reflecting this case outcome.