Amin v. Mayorkas, No. 21-20212 (5th Cir. 2022)
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The Fifth Circuit concluded that the USCIS did not act arbitrarily when it determined that plaintiff was not eligible for an extraordinary ability visa and affirmed the district court's judgment in favor of the government. The court first determined that it had jurisdiction despite plaintiff's failure to exhaust administrative remedies. In regard to plaintiff's challenges to the framework the USCIS used to evaluate his application, the court concluded that the regulation does not say that meeting the regulatory criteria presumptively qualifies an applicant for a visa. Furthermore, the Policy Memo is valid without notice and comment where the Policy Memo does not create legal rights or obligations.
In regard to plaintiff's substantive challenge, the court concluded that the USCIS did not act arbitrarily at both steps of its analysis because the agency considered plaintiff's evidence and explained why it does not meet the regulatory standard. In this case, the USCIS considered plaintiff's evidence and credited his accomplishments but determined that he did not meet his burden of proving that his designs were of "major significance" to his field. Finally, the agency properly considered plaintiff's accomplishments but found them insufficient. The court stated that its determination reflects the reasoned consideration the Administrative Procedure Act requires.
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