Benefits of expediting EB-5 investor petitions with mandamus actions
How mandamus actions can be powerful legal tools to move pending petitions forward .
By Edward Beshara
substantial number of investors ’ I-526 / I-526E and I-829
A petitions are pending USCIS adjudication for years .
Based upon the new Reform and Integrity Act ( RIA ), a new form I-956F ( which incorporates the compliant EB-5 Regional Center project documentation ) has to be filed by the Regional Center project before the investor can file their I-526E petition . Upon receipt of filing the I-526E petition , the regional center will accept the investor funds into their project .
The I-956F form has to be approved before the EB-5 investor ’ s I-526E petition can be approved .
When filing a Mandamus claim , the investor can argue that the USCIS has a duty , based on the Immigration and Nationality Act ( INA ), to exercise discretion and adjudicate the petitions that have been filed within a reasonable period .
Filing a Mandamus Action in U . S . District Court will definitely lead to a reaction by USCIS , and if handled correctly will benefit the EB-5 petitioner for a faster adjudication . However , the Mandamus action cannot force the USCIS for a definite or positive decision .
WHAT COULD BE THE BASIS FOR AN EB-5 MANDAMUS FILING ?
The EB-5 visa program allows foreign investors to obtain U . S . permanent residency by investing their lawful source of personal funds into their own direct business project or into a pooled EB-5 Regional Center project .
The new legislation changed EB-5 requirements such as updating the minimum investment requirements to $ 800,000 for a project in an area of high unemployment , rural area or infrastructure category . Projects in other geographical areas will require an investment of $ 1,050,000 .
In addition , the new RIA allows a foreign investor to file their new I-526 / I-526E petition concurrently with their I-485 Application for U . S . Conditional Permanent Residency , while they are in the U . S . under a lawful non-immigrant status , and their priority date is current . Each member of the family ( spouse
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