USCIS Policy Change 2026: Government Drops Mukherji EB-1A Appeal in Eighth Circuit

In a significant development for employment-based immigration, the U.S. government has dropped its appeal of the Mukherji case before the Eighth Circuit Court of Appeals. The case centered on USCIS's use of a 'final merits determination' framework when adjudicating EB-1A (Extraordinary Ability) petitions, a practice that had drawn criticism from immigration practitioners and applicants. The underlying district court ruling, issued in January 2026, found fault with how USCIS was applying this merits-based review standard in EB-1A cases. By withdrawing its appeal, the government effectively allows that ruling to stand within the Eighth Circuit's jurisdiction, offering some relief to EB-1A petitioners in that region. However, this is not yet a nationwide resolution. Litigation challenging USCIS's final merits approach remains active in other federal circuits, meaning the legal landscape for EB-1A adjudications is still unsettled across the country. Applicants and attorneys outside the Eighth Circuit should continue to monitor developments in those parallel cases. While this case specifically concerns EB-1A petitions rather than EB-3, the outcome reflects broader trends in how courts are scrutinizing USCIS adjudication standards — a dynamic that may influence future policy across all employment-based preference categories.