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Mar 19th, 2021

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Ruling in Mandamus lawsuit a big win for EB-5 — published processing times should not define unreasonable delays

Twenty-two investors in a joint mandamus lawsuit against the government won big — establishing a critical precedent for future EB-5 mandamus cases. The federal court denied the government’s argument that published processing times (which have been cited by many as not being consistent with real cases) should define whether an investor is suffering an unreasonable delay.

Other key takeaways include that it is acceptable to join multiple plaintiffs with different filing dates together in one mandamus suit, and that a mandamus suit can be filed outside the District of Columbia, where the USCIS Investor Program Office is located.

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