Federal Court Rulings Reshape Employment-Based Immigration Cases
Federal courts have issued rulings that directly affect immigration judge firings and EB-1A visa review standards.
Why it matters: In-house counsel and law firms face increased unpredictability in employment-based immigration matters. Recent decisions challenge agency discretion, altering how government terminations and high-skill visa petitions are managed.
- On March 20, 2026, the Merit Systems Protection Board (MSPB) upheld the firing of two immigration judges.
- Senate Democrats filed an amicus (friend-of-the-court) brief on April 14, arguing the MSPB's ruling threatens federal workforce protections.
- Mukherji v. Miller, decided January 28, 2026, found the USCIS denial of an EB-1A 'extraordinary ability' visa petition to be arbitrary.
- Court orders in Mukherji may provide new precedent for challenging USCIS decisions in federal court.
Two recent federal decisions are poised to alter legal approaches in immigration law. The Merit Systems Protection Board (MSPB)—which oversees disputes involving federal employees—on March 20, 2026, upheld the removal of two immigration judges by the Department of Justice. The judges faced allegations of misconduct, and the Board supported DOJ’s authority to terminate them under existing civil service rules.
Senate Democrats responded with an amicus brief to the Federal Circuit. They argued the MSPB decision could undermine legal protections for federal employees across agencies, potentially exposing more government staff to at-will dismissal and weakening Congressional oversight in federal employment matters.
On the immigration benefits side, the federal district court in Nebraska ruled in Mukherji v. Miller that U.S. Citizenship and Immigration Services (USCIS) improperly denied an EB-1A petition—the 'extraordinary ability' visa reserved for top professionals. Although USCIS conceded the petitioner met clear eligibility criteria, the agency denied the case at a final review stage, which the court called 'arbitrary and capricious.' The court ordered approval of the petition. For more analysis, see this commentary.
- The Mukherji ruling offers a more defined path for challenging USCIS denials, particularly for employment-based petitions that reach the final merits stage.
- The Senate's intervention in the MSPB case highlights the broader employment law implications for federal agencies beyond immigration courts, according to the New York Times.
By the numbers:
- 2—Immigration judges terminated in the MSPB case
- 5/10—EB-1A eligibility criteria met by Mukherji before denial
- 1—Federal district court ordered USCIS to approve the EB-1A petition
Yes, but: These rulings apply to specific cases and do not immediately change nationwide policy, so current practices remain in effect until further guidance emerges.
What's next: The Federal Circuit is expected to review the Senate Democrats’ brief and could set a precedent affecting civil service protections across agencies.