April 19, 2021

Volume XI, Number 109

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April 16, 2021

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Precedent for Mandamus Case set by EB-5 Lawsuit

EB-5 investors achieved a victory in their continuous efforts against lengthy USCIS processing times for I-526 petitions in Gutta v. Renaud. This lawsuit establishes precedent for EB-5 mandamus cases with the decision that unreasonably long processing times were in violation of the Administrative Procedure Act (APA). Almost two dozen EB-5 investors coming from a group of countries including Brazil, Canada, India, Russia, and the United Kingdom were plaintiffs in this lawsuit. Although the investors’ respective petitions were within processing times, with petitions filed between October 2017 and November 2019, these investors claimed that the delayed processing times were deliberate and that this violated the Administrative Procedure Act.  In Gutta v. Renaud, the court ruled in favor of the EB-5 investors by denying USCIS’ Motion to Dismiss and clarified that processing times alone do not prohibit investors’ ability to seek relief through federal courts based on an unreasonable delay.

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©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 67
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About this Author

Dima Al-Attar Immigration Attorney Greenberg Traurig New Jersey
Associate

Dima Al-Attar is a member of the Immigration & Compliance Practice in Greenberg Traurig's New Jersey office and is experienced in multinational business transactions. Dima regularly works with developers from a variety of industries who develop projects that qualify for EB-5 investments. She also prepares various immigrant and nonimmigrant employment-based petitions. Dima additionally assists clients with adjustment of status, consular processing and naturalization.

973.443.3270
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