and minor children under 21 years of age ) can also file their Applications for Conditional Permanent Residency and their Application for Employment Authorization and Permission to Travel ( Advance Parole ) while in the U . S . or abroad .
Also , a previously filed I-526 petition , before March 2022 , may be the basis for an EB-5 investor to file an I-485 Application for US Conditional Permanent Residency .
Before November 2019 , the minimum investment was $ 500,000 and the maximum was $ 1 million . After November 2019 , the minimum was $ 900,000 and the maximum was $ 1.8 million . In June 2021 , the minimum and maximum investment amounts reverted back to pre- November 2019 levels .
However , in June 2021 , the EB-5 Regional Investor Program lapsed and as a result USCIS did not continue to adjudicate the I-526 petitions pending with USCIS . As a result , additional and substantial delay in adjudication occurred .
Now in 2023 , Mandamus actions are being filed for those I-526 and I-829 applications that have been pending for a minimum of two years .
" The Mandamus complaint will show that the USCIS is not working fast enough on petitions when immigrant visas are available ."
In addition , separate Mandamus Actions are being filed for those I-956F forms which have not been adjudicated by USCIS . The I-956F form needs to have been pending for several months . The goal is to insist that the USCIS act immediately , on the basis of the law , good faith and reasonableness .
The Mandamus complaint is asking USCIS to move faster in their adjudication on the basis that waiting for over 24 months is too long and unreasonable .
The Mandamus complaint will show that the USCIS is not working fast enough on petitions when immigrant visas are available i . e ., excessive delays , in not following the visa availability rule , in the significant number of cases . ( If visas are available , no retrogression , the petitions should be given priority for adjudication ).
WHAT DOES IT TAKE TO FILE A MANDAMUS FOR AN EB-5 PETITION ?
The Mandamus Action should include a signed affidavit by the Plaintiff investor clearly showing that the delay by
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