Federal Judge Dismissed EB-5 Visa Lawsuit
The court ruled that officials have no legal mandate to meet specific visa processing timelines.
Updated on Sept. 21, 2026 in Immigration
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A federal judge dismissed a lawsuit brought by an investor seeking to force U.S. Citizenship and Immigration Services to speed up his pending EB-5 visa applications. The court found that federal law does not allow judicial review of the time taken for immigration agency adjudication.
Why it matters
The ruling clarifies that visa processing timelines are administrative goals rather than enforceable deadlines, leaving investors with limited legal recourse for agency delays. This establishes a precedent that federal courts cannot compel USCIS to prioritize specific applications.
The EB-5 Reform and Integrity Act of 2022 sets a 240-day average processing target for applications, though this is not a binding legal deadline. General EB-5 projects require a minimum $1,050,000 investment and the creation of 10 full-time jobs.
The players
Trevor N. McFadden
He is a United States District Judge serving on the U.S. District Court for the District of Columbia.
Manoj Patrick John Bosco Rayan
He is an immigrant investor who filed suit against federal officials over the processing speed of his visa petitions.
U.S. Citizenship and Immigration Services
This is the federal agency responsible for overseeing lawful immigration to the United States.
The details
Plaintiff Manoj Patrick John Bosco Rayan filed the suit under the Administrative Procedure Act after waiting 17 months for action on applications linked to an $800,000 investment in California housing projects. Judge Trevor N. McFadden concluded that the court lacked subject matter jurisdiction to review the speed of these agency processes.
Timeline
September 2024: Plaintiff filed his initial I-526E and I-485 applications.
September 21, 2026: U.S. District Judge Trevor N. McFadden dismissed the lawsuit.
Political Context
The ruling centers on the interpretation of the EB-5 Reform and Integrity Act of 2022 regarding administrative agency discretion. Opposition voices argue that the lack of enforceable deadlines effectively strips foreign investors of accountability for significant capital deployment.
Investors currently awaiting visa approvals face a reality where they cannot use the court system to challenge delays caused by agency backlogs. This decision confirms that applicants must continue to wait for USCIS to reach their files without the protection of a legal deadline.
The takeaway
This ruling highlights the high degree of deference federal courts grant to immigration agencies regarding internal timelines. Investors should account for the possibility of long wait times without a guaranteed legal resolution date when planning their capital commitments.
Further reading
Learn more about federal policies on Immigration through our comprehensive coverage.
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