UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA YU GU, et al., Plaintiffs, v. Civil Action No. 19-cv-02496 (TSC) ALEJANDRO MAYORKAS, et al., Defendants. MEMORANDUM OPINION Plaintiffs Gu Yu, Zhao Tingting, Lin Jia Ru, and Mu Jiang all sought EB-1A immigrant visas as “aliens with extraordinary ability,” pursuant to 8 U.S.C. § 1153(b)(1)(A). United States Citizenship and Immigration Services (“USCIS”) denied each of their applications for a failure to meet the required regulatory standards. Plaintiffs jointly filed suit, alleging USCIS’ denials of their visa petitions were arbitrary and capricious in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 and 702 et seq. Each Plaintiff has moved for summary judgment. See Gu Mot. for Summ. J. (“Gu MSJ”), ECF No. 19; Zhao Mot. for Summ. J. (“Zhao MSJ”), ECF No. 26; Lin Mot. for Summ. J. (“Lin MSJ”), ECF No. 36; Mu Mot. for Summ. J. (“Mu MSJ”), ECF No. 41. Defendants have cross-moved for summary judgment as to each plaintiff. For the reasons explained below, the court will DENY Gu and Zhao’s motions and GRANT in part and DENY in part Lin and Mu’s motions. The court will GRANT Defendants’ cross-motion as to Gu and Zhao and DENY the cross-motions as to Lin and Mu. The court will also DENY Gu’s motion for leave to amend. Page 1 of 20 I. BACKGROUND A. Statutory and Regulatory Framework The Immigration and Nationality Act (“INA”) prioritizes immigrant visas for “aliens with extraordinary ability” in the sciences, arts, education, business, or athletics. 8 U.S.C. § 1153(b)(1)(A). An immigrant is eligible for such a visa if (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and (iii) the alien’s entry into the United States will substantially benefit prospectively the United States. Id. The EB-1A visa is not meant to be a broad category and is “extremely restrictive by design.” Visinscaia v. Beers, 4 F. Supp. 3d 126, 131 (D.D.C. 2013). Extraordinary ability visas are limited to the “small percentage who have risen to the very top of the field of endeavor.” 8 C.F.R. § 204.5(h)(2). An alien seeking an extraordinary ability visa must file a Petition for Immigrant Worker Form I-140. Id. § 204.5(a). They need not present a prior offer of employment or a labor certification from the Department of Labor, id. § 204.5(h)(5), but must show with “clear evidence” that they are coming to the United States to work in their area of expertise. Id. That evidence may include “letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement” detailing how the petitioner intends to continue their work in the United States. Id. The petitioner further bears the burden of demonstrating their extraordinary ability with initial evidence in their …
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