Mandamus for EB5 Delays: How to Speed Up Your Case and Get Results

Index

• Understanding Mandamus for EB-5 Cases
• When to Consider a Mandamus Lawsuit for EB5 Delays
• How to File a Mandamus for an EB-5 Case
• Expected Outcomes of EB-5 Mandamus Lawsuit
• Why Having the Right Mandamus Attorney Makes a Difference
• Take Action on Your EB-5 Delay Today

Waiting years for your EB-5 investor visa to move forward can be incredibly stressful, especially after you’ve already invested hundreds of thousands of dollars and built your immigration plans around this process.

Many EB-5 investors find themselves stuck in administrative backlogs, with no clear updates from USCIS or the Department of State.

Processing times for petitions such as Forms I-526, I-485, and I-829 have increased significantly in recent years, often leaving applicants in limbo even though they have met all program requirements.

If your EB5 case has also been pending far beyond normal timelines, there is a legal option designed to break the silence: a Mandamus lawsuit. 

This federal court action can compel the government to take action on your EB-5 visa delays when they become unreasonable.

In this guide, we’ll explain the process of the EB-5 Mandamus lawsuit, when to file it, how long the process takes and what kind of results to expect.

Understanding this process helps you know when to transition from waiting to acting and how to protect your hard-earned investment and immigration goals.

Understanding Mandamus for EB-5 Cases

The EB-5 Immigrant Investor Program is one of the most well-known pathways for foreign investors seeking U.S. permanent residency through investment and job creation.

Through the program, investors can obtain a green card by investing in a U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for American workers.

The minimum investment amount required depends on the project's location:

• $800,000 for projects in a Targeted Employment Area (TEA), which are rural regions or areas with high unemployment.
• $1,050,000 for investments in non-TEA areas.

In addition to permanent residency, the EB-5 visa provides families with the opportunity to live, study, and work in the United States, making it one of the most appealing investor visa programs worldwide.

How EB-5 Processing Has Changed Since 2022

Following the EB-5 Reform and Integrity Act of 2022, the program underwent major restructuring aimed at improving oversight and transparency.

While these reforms strengthened program integrity, they also resulted in longer processing times due to:

• New compliance and source-of-funds verification requirements,

• Staffing shortages and backlogs at USCIS,

• Visa availability prioritization, meaning petitions are now processed based on country-specific visa numbers instead of a strict first-in, first-out order,

• Increased review layers for regional center projects and rural area designations.

As a result, investors who filed their EB-5 petitions after March 2022 often face 12 to 24 months of delay, sometimes even longer.

For those who have already invested significant capital, such delays can jeopardize business operations, create immigration uncertainty, and postpone returns on investment.

Why Mandamus Matters for EB-5 Investors

Delays in EB-5 processing are not just inconvenient. They can have real financial and personal consequences.

Each pending case represents hundreds of thousands of dollars tied up in a project that cannot move forward until USCIS acts.

Extended inaction can slow job creation, stall business operations, and create uncertainty for investors and their families.

When the government takes too long to decide, investors risk losing both time and financial stability. A Mandamus lawsuit offers a way to address these delays. It allows applicants to ask a federal court to require USCIS to perform its duty and take action on the case

Filing a Mandamus does not request approval but ensures that the agency reviews the application and issues a decision. For EB-5 investors who have already met all program requirements, it is often the most effective way to move their case forward and protect their investment.

When to Consider a Mandamus Lawsuit for EB5 Delays

Although longer processing times have become common since 2022, there is a point where the delay becomes legally “unreasonable.”

When an EB-5 case remains pending far beyond normal timelines and no response comes from USCIS despite repeated inquiries, a Mandamus lawsuit can be considered.

Typical EB-5 Processing Times (2025)

The waiting period varies depending on the type of form filed:

• Form I-526 (initial petition): 12-24 months on average

• Form I-485 (the Green Card application): 10-20 months

• Form I-829 (petition to remove conditions on a two-year conditional Green Card): 36-60 months, sometimes longer

While minor variations are expected, delays that extend many months past these averages can justify legal action.

When It May Be Time to File a Mandamus

• Your I-526 petition has been pending for more than a year and you have received no response or update.

• Your I-485 application has been inactive for 15 months or longer even though all required documents were submitted.

• Your I-829 petition has been pending for over three years, and background or security checks are complete but no decision has been made.

Before filing, applicants are encouraged to document all previous communication attempts such as service requests, congressional assistance, or inquiries through the Ombudsman.

This documentation helps show that the government had enough time and notice to act but failed to do so.

What Counts as an Unreasonable Delay

A delay may be considered unreasonable when:

• It exceeds published USCIS processing times by several months or years,

• Other similar cases have already been approved,

• The delay causes measurable harm to the investor’s business or family plans.

When these conditions exist, a Mandamus lawsuit can be a strategic way to push USCIS to act and bring the case back on track.

If you believe your EB-5 case has been delayed longer than it should, you can request a free case evaluation from our legal team.
Fill out the Mandamus Evaluation Form to learn whether a Mandamus lawsuit may help resolve your delay.

How to File a Mandamus for an EB-5 Case

Filing a Mandamus for an EB-5 delay follows the same basic steps as any other immigration-related Mandamus case.

Here’s a simplified overview investor visa mandamus process:

1. Review your case timeline and USCIS records
   Confirm how long your petition has been pending and collect all previous communications or service requests.

2. Gather supporting documents
   Include receipt notices, proof of investment, and copies of any correspondence with USCIS.

3. File the lawsuit in Federal District Court
   The case is usually filed in the district where the investor resides or where the immigration service center is located.

4. Serve the government agencies
   Officially notify USCIS, the Department of Homeland Security, and the U.S. Attorney General about the case.

5. Wait for a government response
   The government typically has about 60 days to reply. 

For a detailed explanation of each step, see our Complete Mandamus Filing Guide.

Expected Outcomes of EB-5 Mandamus Lawsuit

The success of a Mandamus lawsuit depends on the strength of the case, the reason for the delay, and how long the application has been pending. In most EB-5 cases, Mandamus lawsuits work effectively, prompting USCIS to act within a few months, sometimes even sooner after filing.

Once the lawsuit is served, USCIS or the Department of State typically responds within 60 days. In many cases, the agency acts before the court makes a decision by scheduling an interview, issuing an approval, or updating the case status.

While outcomes vary by case, most investors see progress within three to six months of filing.

Some cases move even faster, with approvals coming within one to two months once the government reviews the file.

If the agency continues to delay or disputes the claim, the court may issue an order requiring USCIS to act within a set timeframe or continue litigation until the case is resolved.

It’s important to note that a Mandamus lawsuit does not guarantee approval. It only compels the government to make a decision.

For many, however, the result of filing Mandamus is a long-awaited breakthrough: their case is finally reviewed, and they regain control of their immigration timeline.

Why Having the Right Mandamus Attorney Makes a Difference

Filing a Mandamus lawsuit may seem straightforward but success depends on how well the case is prepared and presented.

An experienced attorney understands the filing rules, the proper federal venue, and how to communicate effectively with government counsel to encourage faster action.

Our firm has handled hundreds of mandamus cases and achieved positive results for many types of immigration delays, including unreasonable EB-5 delays.

Below are two recent examples that show how timely action can make a difference:

Green Cards Approved After a 17-Month Delay

Our client from India had filed both Form I-526 and Form I-485 together in February 2024.

The I-526 petition was approved in January 2025, but the I-485 applications for green cards had been pending for 17 months without an update.

We were contacted in July and filed the Mandamus lawsuit on August 15.

Less than two months later, on October 9, both the client and spouse received their Green Card approvals.

When a case has been pending for more than a year without progress, it may be time to consider legal action.

I-829 Delay Resolved After Five Years

Our client from Qatar received a conditional Green Card in July 2018 through the EB-5 program. To remove conditions and obtain permanent residence, he filed Form I-829 in May 2020.

After five years and multiple inquiries through USCIS, the Ombudsman, and congressional offices, there was still no response.

We filed a Mandamus lawsuit in early August 2025, and within two months, the entire family received approval for their 10-year Green Cards.

Even after years of waiting, a Mandamus lawsuit can still bring results.

Working with an experienced Mandamus lawyer means having someone who can assess your case, choose the right strategy, and follow every procedural step correctly.

Legal representation not only increases the chances of success but can also help resolve the delay faster through effective communication with government agencies.

Take Action on Your EB-5 Delay Today

You’ve made a major investment, both financially and personally.

After investing at least a million - and often much more - to build your future in the United States, you deserve timely action from USCIS and other immigration agencies.

If your EB-5 petition has been pending far too long, it’s time to take control.

At Gozel Law Firm, we are recognized among the leading and experienced Mandamus lawyers in the United States, helping investors nationwide resolve long-pending immigration cases and secure their green cards.

Check your eligibility:
Fill out our Mandamus Evaluation Form for a free preliminary review of your EB5 delays.

Read client feedback: ⭐️⭐️⭐️⭐️⭐️
Check our Google Reviews to hear directly from those who turned long waits into success stories.