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Wouldn't this fall under Auer deference (agency's interpretation of its own regulation)?

There is some uncertainty about whether Auer deference survives after Loper Bright.

But this isn't an ambiguous area of law. The statute is pretty clear in the text here - that the EB1-A criteria are necessary but not sufficient. That's what the step1 (necessary) and step2 (sufficient) boil down to. You can litigate on what qualifies as necessary if the agency is doing something weird, but ultimately it is a subjective evaluation. The court isn't going to adjudicate on the merits, USCIS is.

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