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.