Archive · 30 Jan 2026
US Judge Rules Kazarian Rule Unlawful for EB-1A Green Cards
A judge in the US recently made an important decision about a rule used to decide who can get a special green card called EB-1A.
This green card is for people who are very successful in their field, like science, arts, or sports.
The rule, known as the Kazarian Rule, added an extra step to check if someone really deserves the green card, even if they met all the requirements.
The judge said this extra step was not legal because it was added without following the proper rules.
This decision might help many people who were denied this green card in the past to reapply and get a fair chance.
US Judge Joseph F. Bataillon ruled the Kazarian Rule for EB-1A green card evaluations unlawful on January 28, 2026.
The Kazarian Rule added a subjective 'final merits' review step to the EB-1A evaluation process.
The rule was found unlawful because it was introduced through internal policy memoranda, not formal rulemaking.
The decision may allow individuals denied EB-1A green cards between 2009 and 2026 to challenge their denials.
The EB-1A green card is for individuals with extraordinary ability in their field, without needing an employer or labor certification.
- Who
- US District Judge Joseph F. Bataillon
- What
- Ruled the Kazarian Rule for EB-1A green card evaluations unlawful
- When
- January 28, 2026
- Where
- United States
- Why
- USCIS added a subjective 'final merits' review step without proper legal authority
- Date of Ruling
- January 28, 2026
- Judge
- Joseph F. Bataillon
- EB-1A Green Card
- For individuals with extraordinary ability in their field
- Kazarian Rule
- Unlawful second 'final merits' review step
- Applicant in Lawsuit
- Anahita Mukherji
- Potential Impact
- Reopening of denied cases from 2009 to 2026