⚖ Oral Arguments, with Context

The Eleventh Circuit hears Rafael Pons-Puig's challenge to the denial of an immigrant-worker petition. He sought classification based on extraordinary ability, but USCIS rejected his Form I-140. That petition is a step toward permanent residence, not a green card by itself. Pons-Puig sued under the Administrative Procedure Act. The district court dismissed the case for lack of jurisdiction—the authority to review it—without deciding whether the agency was right on the merits. The dismissal turns on a law limiting review of decisions about adjustment of status, the process of becoming a permanent resident while in the United States. The petition here instead requested visa processing through a consulate. The appeal asks whether the review restriction also covers this earlier petition. The lawyers will also debate USCIS's final-merits assessment. After checking specific evidence categories, the agency weighs the record as a whole for sustained acclaim and standing at the top of the field. Is that an interpretation of existing requirements, or a new rule that required public notice and comment?

Rafael Pons-Puig, Appellant v. Director, Texas Service Center, U.S. Citizenship and Immigration Services (No. 25-11236) — U.S. Court of Appeals for the Eleventh Circuit, argued October 1, 2026.