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Apr 17th, 2023

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EB-5 investor group files amicus brief to help investor mandamus lawsuits; court outcome could be critical precedent

The American Immigrant Investor Alliance (AIIA) filed an amicus brief (from a party not involved in the litigation) to support investors fighting delayed processing. AIIA makes four arguments: USCIS does not follow "first-in, first-out" processing as it has claimed; USCIS expedited hundreds of petitions with one project to the detriment of others; lack of resources is not a valid defense as USCIS charges fees required to fulfill its statutory duty; investors need information through court "discovery" as USCIS statements cannot be accepted as truth.

See the AIIA statement

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