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The U.S. government has withdrawn its Eighth Circuit appeal in the Mukherji case, a victory for EB-1A applicants challenging USCIS's 'final merits' determination approach.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.
A federal court has ruled that USCIS adjudication hold policies are unlawful, a decision that could directly affect EB-3 processing times and pending applications in 2026.
A June 8, 2026 court decision vacated the $100,000 H1B fee requirement. DHS announced compliance with the order, allowing employers to file H1B petitions without the additional fee while future steps are considered.
DHS issued an Interim Final Rule effective July 10, 2026, strictly enforcing wet-ink signature requirements for USCIS filings. Invalid signatures—including DocuSign and typed names—may result in denial with no refund or chance to refile.