USCIS Policy Change 2026: Government Drops Mukherji EB-1A Appeal in Eighth Circuit
The U.S. government has withdrawn its Eighth Circuit appeal in the Mukherji case, a victory for EB-1A applicants challenging USCIS's 'final merits' determination approach. The broader legal challenge continues in other courts.
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.
Salvadoran nationals under Temporary Protected Status (TPS) retain valid work authorization while awaiting further USCIS guidance, providing temporary employment continuity for affected immigrants.
USCIS published a Federal Register notice on September 10, 2026 announcing a revision to the E-Verify Program information collection. A public comment period is open until October 13, 2026.
USCIS has been issuing denials without first sending Requests for Evidence (RFEs), a major policy shift now one month in. This change significantly raises the stakes for EB-3 petitions submitted with incomplete or borderline documentation.