The U.S. government has dropped its appeal of the Mukherji case in the Eighth Circuit, a positive development for EB1A applicants challenging USCIS’s use of the “final merits” approach. The development is important, but it does not resolve the broader issue nationwide because related litigation continues elsewhere.
The Mukherji appeal concerned USCIS’s use of a “final merits” determination in EB1A petitions. The government’s decision to drop the appeal means the Eighth Circuit case will not continue.
For EB1A applicants, this is a favorable development because it leaves in place the lower-court ruling in that case. However, the issue is not fully settled across the United States.
The broader challenge to USCIS’s “final merits” approach remains active in other litigation. As a result, the dropped appeal is an important step for affected EB1A applicants, but it should not be treated as a nationwide resolution of the policy or legal question.
Source article: www.murthy.com
