GCEB1 Highlights Conflicting Nebraska Court Rulings on the EB-1A Final Merits Test

Contradictory federal court decisions underscore the importance of building comprehensive, evidence-driven EB-1A petitions for professionals seeking U.S. permanent residency.

GCEB1, an immigration consultancy specializing in EB-1A extraordinary ability petitions, is drawing attention to conflicting federal court rulings in Nebraska concerning the legality of the “final merits determination,” a critical stage in U.S. Citizenship and Immigration Services (USCIS) adjudication.

In its latest analysis, “Same Courthouse, Opposite Answers: Nebraska Judge Upholds the EB-1A Final Merits Test,” GCEB1 examines how two judges reached opposing conclusions about the framework used to assess extraordinary ability petitions.

In January 2026, a Nebraska federal judge ruled in Mukherji that USCIS had unlawfully adopted the two-step framework and ordered the agency to approve the applicant’s petition. However, in Agarwal v. Miller, Chief Judge Brian C. Buescher rejected a similar legal challenge, concluding that evaluating the totality of the evidence aligns with the statutory requirement of sustained national or international acclaim.

The contrasting decisions highlight an important distinction for EB-1A aspirants: satisfying at least three of the ten regulatory evidentiary criteria does not automatically guarantee approval. USCIS may still evaluate whether the complete record establishes extraordinary ability and sustained acclaim in the applicant’s field.

Although the Mukherji decision offers a potential legal argument for petitioners, it remains non-binding precedent outside the individual case. Meanwhile, the Agarwal ruling reinforces the need to prepare petitions that address both the individual eligibility criteria and the broader final merits assessment.

GCEB1 emphasizes that applicants should adopt a strategic, evidence-focused approach when documenting professional achievements, recognition, and contributions. A well-prepared petition should establish not merely that the required criteria have been met, but also why the overall record demonstrates extraordinary ability.

Through its immigration insights and EB-1A mentorship, GCEB1 aims to help professionals understand evolving legal developments and prepare stronger petitions. Applicants should consult qualified immigration counsel to assess their individual circumstances and determine the most appropriate strategy.