Daniel B . Lundy is a partner at Klasko Immigration Law Partners and leads the firm ’ s EB-5 regional center and developer practice and the litigation team . He has been deeply involved in EB-5 litigation against USCIS denials and delays . He also advises clients on EB-5 projects involved in civil litigation . Lundy has litigated hundreds of immigration cases , including adjustment of status and waiver denials ; I-526 and I-829 denials ; H-1B , L-1 , EB-1 and other immigration denials before the U . S . District Courts , U . S . Courts of Appeals , and the U . S . Supreme Court . He regularly advises clients in all aspects of EB-5 and immigration .
WHAT NEW TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION ?
Delays in EB-5 adjudications have not improved . Mandamus actions for I-829 delays continue to be extremely effective , while I-526 or I-485 cases are more likely to be defended by the government . We see a decline in the quality of the few
USCIS decisions that are being issued and expect an uptick in litigation as a result . Notably , we are hearing reports of I-829 denials based on sources of funds that were approved by USCIS at the I-526 stage .
WHAT HAS BEEN YOUR MOST IMPACTFUL EB-5 LITIGATION CASE , AND WHY ?
Liu v . Mayorkas , 20-cv-654 ( District of D . C .) is a recent impactful decision . This case stemmed from I-526 adjudication delays . The Court denied the government ’ s motion to dismiss , finding that our arguments that USCIS had intentionally slowed down the processing of EB-5 cases , supported by a substantial decrease in the number of I-526s processed each year , was sufficient to raise a plausible claim of unreasonable delay . The court refused to take a USCIS website posting as evidence of actual practices at USCIS , and found that the 6-month adjudication time frame suggested by Congress , while not binding , was important .